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NATO UNCLASSIFIED
Acquisition and Procurement
I
martin ,[email protected] nt
Telephone:
+32 (0)2 707 8335
AGE N C Y
Fax:
+32 (0)2 707 8770
NCIA-BE/DAQC/ASG/13/6602
02 Aug 2013
To:
All prospective Bidders
Subject:
Invitation For Bid (IFB) CO-13589-0PL. Provision ofIMPACs.
Reference:
AC/4 DS (2012)0026, dated 25 October 2012.
Dear Madam/Sir,
1.
Your company is hereby invited to submit a bid for the award of a contract to satisfy the
aforementioned requirement. Bidding instructions and other documentation required to prepare your
bid are attached to this letter.
2.
The Bid Closing Date has been established on Monday 16 September 2013, at 11 :00 hours (Brussels
time).
3.
The Point of Contact for questions and information concerning this IFB is Mr. Martin Steenwege (tel:
+3227078335 and e-mail: [email protected]).
FOR THE GENERAL MANAGER
M. Steenwege
Senior Contracting Officer
Attachment(s): IFB-CO-13589-0PL:
•
•
•
•
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Book 1- Bidding Instructions (e-file: I-IFB-CO-13589-0PL-Book I - Bidding Instructions.pdt)
Bidding Sheets (e-file: 2- IFB-CO-13589-0PL -BooklI-Part I-SSS.xls)
Book II - Prospective Contract (e-file: 3- IFB-CO-13589-0PL - Book II-Part II-Special Provisions.pdt)
Book II - Contract General Provisions (e-file: 4-lFB-CO-13589-0PL-Book 11 - General Provisions.pdf
Statement of Work and Annexes (e-file : 5- IFB-CO-13589-0PL -Book II-Part IV-SOW.pdt)
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IFB-CO-13589-OPL
INVITATION FOR BID
Book I
IFB-CO-13589-OPL
PROVISION OF IMPACs
Decision Document AC/4(PP) D/26923-ADD1
Decision Sheet AC/4-DS (2012) 0026
Project Serial Number 2011/1CM03001-0/9
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IFB-CO-13589-OPL
Bidding Instructions
General Index
Book I - The Bidding Instructions
Section I
Section II
Section III
Section IV
Introduction
General Bidding Information
Bid Preparation Instructions
Bid Evaluation
Annex A
Annex B
Annex C
Annex D
Certificates
Cross Reference/ Compliance Sheet
Instructions for Bidding Sheets
Bidder Clarification Form
Book II - The Prospective Contract
NCI AGENCY Signature Sheet
Part I
Part II
Part III
Part IV
Schedule of Supplies and Services
Contract Special Provisions
Contract General Provisions
Statement of Work
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Bidding Instructions
IFB-CO-13589-OPL
BOOK I - BIDDING INSTRUCTIONS
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CONTENTS
SECTION 1 - INTRODUCTION ............................................................................................ 1
1.1.
1.2.
GENERAL................................................................................................................... 1
SECURITY .................................................................................................................. 1
SECTION 2 - GENERAL BIDDING INFORMATION ......................................................... 3
2.1.
2.2.
2.3.
2.4.
2.5.
2.6.
2.7.
2.8.
2.9.
2.10.
2.11.
2.12.
2.13.
DEFINITIONS ............................................................................................................ 3
ELIGIBILITY .............................................................................................................. 3
BID DELIVERY AND BID CLOSING ..................................................................... 4
REQUESTS FOR EXTENSION OF BID CLOSING DATE ..................................... 5
PURCHASER POINT OF CONTACT ....................................................................... 5
REQUEST FOR IFB CLARIFICATIONS ................................................................. 5
REQUEST FOR WAIVERS AND DEVIATIONS .................................................... 6
AMENDMENT OF THE IFB ..................................................................................... 6
MODIFICATIONS AND WITHDRAWAL OF BIDS ............................................... 7
BID VALIDITY....................................................................................................... 7
CANCELLATION OF INVITATIONS FOR BID ................................................. 8
ELECTRONIC TRANSMISSION OF INFORMATION AND DATA ................. 8
BID GUARANTEE ................................................................................................. 8
SECTION 3 - BID PREPARATION INSTRUCTIONS ....................................................... 11
3.1.
3.2.
3.3.
3.4.
3.5.
GENERAL................................................................................................................. 11
BID ADMINISTRATION (PART I) ........................................................................ 11
PRICE QUOTATION (PART II) .............................................................................. 12
TECHNICAL PROPOSAL (PART III) .................................................................... 14
PACKING AND MARKING OF BIDS ................................................................... 18
SECTION 4 - BID EVALUATION ...................................................................................... 19
4.1.
4.2.
4.3.
4.4.
Annex A
Annex B
Annex C
GENERAL................................................................................................................. 19
ADMINISTRATIVE CRITERIA.............................................................................. 20
PRICE EVALUATION ............................................................................................. 20
TECHNICAL CRITERIA ......................................................................................... 26
CERTIFICATES
CROSS REFERENCE / COMPLIANCE SHEET
INSTRUCTION FOR BIDDING SHEETS
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Bidding Instructions
SECTION 1 - INTRODUCTION
1.1. GENERAL
1.1.1 The purpose of this Invitation for Bid (IFB) is to provide services and
supplies to design, integrate, test, implement, and provide Contractor
Logistics Support for ten (10) IMPACs (ISAF Man Portable Afghan Mission
Network Capability). The IMPACs shall be implemented as highly portable
CIS assets that can access the Afghan Mission Network (AMN) in ISAF. The
IMPACs are to be integrated by the Contractor, at the factory, tested and
integrated in the current AMN network, first at the Purchaser’s in-garrison
facilities (Mons in Belgium, and Brunssum in The Netherlands), and in
theatre (Depot 26 in Kabul, Afghanistan) as per Book II, Part IV - Statement
of Work.
1.1.2 This solicitation is an Invitation For Bid (IFB). It is based on the Alliance
Operations and Missions (AOM) International Competitive Bidding (ICB)
Procedure (AC/4-D(2007)003), lowest price technically compliant
Procedures. The successful bid pursuant to this IFB will be that bid which is
the lowest price technically compliant in accordance with the evaluation
criteria.
1.1.3 This IFB will not be the subject of a public bid opening.
1.1.4 An award of the contract will be made on a Firm Fixed Price basis to the
lowest compliant Bidder.
1.1.5 The Bidder shall refer to the Purchaser all queries for a resolution of possible
conflicts found in information contained in this document in accordance with
the procedures set forth in 2.6 "Requests for IFB Clarifications".
1.1.6 The target for contract award is 3rd Quarter 2013.
1.2. Security
1.2.1 The security classification of this IFB is “NATO UNCLASSIFED –
Releasable to ISAF”
1.2.2 The Bidders providing proposals in response to this IFB must be in the
possession of the appropriate personnel and facility clearances allowing for
the processing of classified materials.
1.2.3 Should appropriate personnel and /or a Contractor be unable to perform the
contract because the facility clearances have not been extended by their
respective national security agency, this lack of clearance shall not be the
basis for a claim of adjustment or an extension of schedule. The lack of
clearance shall not be be considered a mitigating circumstance in the case of
an assessment of Liquidated Damages or a determination of Termination For
Default by the Purchaser.
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1.2.4 Contractor personnel that will work at NATO sites are required to possess a
security clearance of “NATO SECRET”. Contractor personnel without such a
clearance, confirmed by the appropriate national security authority and
transmitted to the appropriate NATO security officer in accordance with the
specific instructions contained in this IFB, will be denied access to the site.
Denial of such access by the Purchaser may not be used by the Contractor as
the basis for a claim of adjustment or an extension of schedule, nor can the
denial of access be considered a mitigating circumstance in the case of an
assessment of Liquidated Damages or a determination of Termination for
Default by the Purchaser.
1.2.5 All NATO CLASSIFIED material entrusted to the Contractor shall be
handled and safeguarded in accordance with applicable security regulations.
The Contractor shall be required to possess a Facility clearance of "NATO
SECRET" for those sites in which he intends to handle and store NATO
classified material in the conduct of work under this contract.
1.2.6 Bidders are advised that contract signature will not be delayed in order to
allow for the processing of security clearances for personnel or facilities and,
should the otherwise successful Bidder not be in a position to accept the
offered Contract within a reasonable period of time, because the firm’s
personnel or facilities do not possess the appropriate security clearance(s), the
Purchaser may determine the Bidder’s Offer to be non-compliant and offer
the Contract to the next ranking Bidder. The Bidder who would not sign the
Contract shall be liable for forfeiture of the Bid Guarantee in such cases.
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SECTION 2 - GENERAL BIDDING INFORMATION
2.1. DEFINITIONS
2.1.1 The term “Assembly” as used herein means an item forming a portion of
equipment that can be provisioned and replaced as an entity and which
normally incorporates replaceable parts or groups of parts.
2.1.2 The term "Bidder" as used herein refers to a firm, consortium, or joint venture
which submits an offer in response to this solicitation.
2.1.3 The term "Compliance" as used herein means strict conformity to the
requirements and standards specified in this IFB.
2.1.4 The term "Contractor" refers to a firm of a participating country which has
signed a contract under which it will perform a service, manufacture a
product, or carry out works for NATO.
2.1.5 The term “Participating Country” as used herein means one of the
contributory NATO nations in the project, namely, (in alphabetical order):
ALBANIA, BELGIUM, BULGARIA, CANADA, CROATIA, THE CZECH
REPUBLIC, DENMARK, ESTONIA, FRANCE, GERMANY, GREECE,
HUNGARY, ICELAND, ITALY, LATVIA, LITHUANIA,
LUXEMBOURG, THE NETHERLANDS, NORWAY, POLAND,
PORTUGAL, ROMANIA, SLOVAKIA, SLOVENIA, SPAIN, TURKEY,
THE UNITED KINGDOM and THE UNITED STATES.
2.1.6 The term "Purchaser" refers to the authority issuing the IFB and/or awarding
the contract (the NCI AGENCY).
2.1.7 The term “Sub-Assembly” as used herein refers to a portion of an assembly
consisting of two or more parts that can be provisioned and replaced as an
entity. The definition purposely excludes components and/or parts.
2.2. ELIGIBILITY
2.2.1 Only firms which have been nominated by their respective National
Delegations, are eligible to engage in this competitive bidding process. In
addition, all contractors, sub-contractors and manufacturers, at any tier, must
be from participating countries.
2.2.2 None of the work, including project design, labour and services shall be
performed other than by firms from and within participating countries.
2.2.3 No materials or items of equipment down to and including identifiable subassemblies shall be manufactured or assembled by a firm other than from and
within a participating country.
2.2.4 The intellectual property rights to all design documentation and related
system operating software shall reside in NATO member countries, and no
license fees, or royalty charges shall be paid by the Contractor to firms,
individuals or governments other than within the NATO member countries.
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2.3. BID DELIVERY AND BID CLOSING
2.3.1 All Bids shall be in the possession of the Purchaser at the address given
below in paragraph 2.3.2 before 11:00 hours (Brussels Time) on 16
September 2013 at which time and date bidding shall be closed.
2.3.2 Bids shall be delivered to the following address:
By Post:
NATO Communications and Information Agency (NCI Agency)
ACQ/ASG
Boulevard Leopold III
1110 Brussels
Belgium
Attention:
Mr. Martin Steenwege, Senior Contracting Officer
Hand Carried or Courier Service:
NATO Communications and Information Agency
ACQ/ASG
Bâtiment Z
Avenue du Bourget 140
1110 Brussels
Belgium
Attention:
Mr. Martin Steenwege, Senior Contracting Officer
Bids submitted by electronic means (fax, e-mail) are not permitted and will not
be considered. Bidders shall note that electronic copies (CD-ROM) of their
bids shall be submitted with their “hard copy”.
2.3.3 Bids which are delivered to the Purchaser after the specified time and date set
forth above for Bid Closing are "late bids" and shall not be considered for
award. Such bids will be returned unopened to the Bidder at the Bidder's
expense unless the Purchaser can determine that the bid in question meets the
criteria for consideration as specified at (2.3.4) below.
2.3.4 Consideration of Late Bid – The Purchaser considers that it is the
responsibility of the Bidder to ensure that the bid submission arrives by the
specified Bid Closing time. Late bids shall only be considered for award
under the following circumstances:
(a)
A contract has not already been awarded pursuant to the IFB, and
the bid was sent to the address specified in the IFB by ordinary,
registered or certified mail not later than ten (10) calendar days
before the bid closing date and the delay was due solely to the
national or international postal system for which the Bidder bears
no responsibility (the official postmark for ordinary and Registered
Mail or the date of the receipt for Certified Mail will be used to
determine the date of mailing).
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(b)
the bid was hand carried, or delivered by a private courier service
and the Bidder can produce a receipt which demonstrates that the
delivery was made to the correct address and received by a member
of NCI AGENCY and the failure to be received by the Contracting
Authority was due to mishandling within the Purchaser’s
organisation.
2.3.5 A late bid which was hand-carried, or delivered by a private courier service
for which a proper receipt cannot be produced cannot be considered for award
under any circumstances nor can late bids which bear no post marks or for
which documentary evidence of mailing date cannot be produced.
2.3.6 Bidders are advised that security personnel or other personnel remaining on
the premises outside of normal business hours may decline to sign or issue
receipts for delivered items.
2.4. REQUESTS FOR EXTENSION OF BID CLOSING DATE
2.4.1 All questions and requests for extension of bid closing date must be submitted
in writing by fax or E-mail. Such questions shall be forwarded to the point of
contact specified in paragraph 2.5 below and shall arrive not later than
fourteen (14) days prior to the stated "Bid Closing Date". The Purchaser is
under no obligation to answer requests submitted after this time. Extensions
to the bidding date are at the discretion of the Purchaser.
2.5. PURCHASER POINT OF CONTACT
The Purchaser point of contact for all information concerning this IFB is:
NATO Communications and Information Agency
ACQ/ASG
Boulevard Leopold III
1110 Brussels
Belgium
Attention:
Mr. Martin Steenwege, Senior Contracting Officer
Tel:
+32 2 707 8335
Fax:
+32 2 707 8770
E-mail: [email protected]
2.6. REQUEST FOR IFB CLARIFICATIONS
2.6.1 Bidders, during the solicitation period, are encouraged to query and seek
clarification of any matters of a contractual, administrative and technical
nature pertaining to this IFB and observing the classification level of the
document(s) in respect to which the clarification is sought.
2.6.2 All questions and requests for clarification shall be forwarded to the
Purchaser via email using the Clarification Request Form provided at Annex
D of this Book I. Such questions shall be forwarded to the point of contact
specified in paragraph 2.5 above and shall arrive not later than fourteen (14)
calendar days prior to the stated "Bid Closing Date". The Purchaser is under
no obligation to answer questions submitted after this time.
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2.6.3 The Purchaser may provide for the removal of any form of identification in
the body of the clarification request in those instances in which such practice
is feasible as well as providing for a re-wording of the clarification request in
those cases in which the original language submitted is deemed ambiguous,
unclear, subject to different interpretation or revelatory of the bidders
identity.
2.6.4 Bidders are advised that subsequent questions and/or requests for clarification
included in a bid shall neither be answered nor considered for evaluation and
may be grounds for a determination of non-compliance.
2.6.5 Except as provided above, all questions will be answered by the Purchaser
and the questions and answers (but not the identity of the questioner) will be
issued in writing to all prospective bidders.
2.6.6 Where the extent of the changes implied by the response to a clarification
request is of such a magnitude that the Purchaser deems necessary to issue
revised documentation, the Purchaser will do so by the means of the issuance
of a formal IFB amendment pursuant to AC/4-DS-2261 and in accordance
with paragraph 2.8 below.
2.6.7 The published answers issued by the Purchaser shall be regarded as the
authoritative interpretation of the IFB. Amendment to the language of the
IFB included in the answers shall be incorporated by the Bidder in his offer.
2.7. REQUEST FOR WAIVERS AND DEVIATIONS
2.7.1 Bidders are informed that requests for alteration to, waivers of, or deviations
from the Schedules, the Special Contract Provisions, the terms and conditions
in the NCI Agency’s General Provisions, the Technical Specifications, the
Statement of Work and any other Terms and Conditions of the Prospective
Contract will not be considered after the Request for Clarification process.
2.7.2 Requests for alterations to the other requirements, terms or conditions of the
Invitation for Bid or the Prospective Contract may only be considered as part
of the clarification process set forth in paragraph 2.6 above. Requests for
alterations to the specifications, terms and conditions of the Contract which
are included in a Bid as submitted may be regarded by the Purchaser as a
qualification or condition of the Bid and may be grounds for a determination
of non-compliance.
2.8. AMENDMENT OF THE IFB
2.8.1 The Purchaser may revise, amend or correct the terms, conditions and/or
specifications and provisions of the IFB documents at any time prior to the
date set for the Bid Closing. Any and all modifications will be transmitted to
all prospective bidders by an official amendment designated as such and
signed by the Contracting Authority. Such amendment shall be recorded in
the Acknowledgement of Receipt which the bidder shall complete and
enclose as part of his bid. This process may be part of the clarification
procedures set forth in paragraph 2.6 above or may be an independent action
on the part of the Purchaser.
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2.8.2 The Purchaser will consider the potential impact of amendments on the
ability of prospective Bidders' to prepare a proper bid within the allotted time.
The Purchaser may extend the "Bid Closing Date" at his discretion and such
extension will be set forth in the amendment document.
2.9. MODIFICATIONS AND WITHDRAWAL OF BIDS
2.9.1 Bids, once submitted, may be modified by Bidders, but only to the extent that
the modifications are in writing, conform to the requirements of the IFB, and
are received by the Purchaser prior to the exact time and date established for
Bid Closing. Such modifications shall be considered as an integral part of the
submitted bid.
2.9.2 Modifications to bids which arrive after the Bid Closing Date will be
considered as "Late Modifications" and will be processed in accordance with
the procedure set forth above concerning "Late Bids", except that unlike a
"Late Bid", the Purchaser will retain the modification until a selection is
made. A modification to a bid which is determined to be late will not be
considered in the evaluation and selection process. If the Bidder submitting
the modification is determined to be the successful Bidder on the basis of the
unmodified bid, the modification may then be opened. If the modification
makes the terms of the bid more favourable to the Purchaser, the modified bid
may be used as the basis of contract award. The Purchaser, however, reserves
the right to award a contract to the apparent successful Bidder on the basis of
the bid submitted and disregard the late modification.
2.9.3 A Bidder may withdraw his bid at any time prior to Bid Opening without
penalty. In order to do so, an authorised agent or employee of the Bidder
must provide an original statement of the firm's decision to withdraw the bid
and remove the bid from the Purchaser's premises.
2.9.4 Except as provided in paragraph 2.10.4(b) below, a Bidder may withdraw his
bid after Bid Opening only by forfeiture of the Bid Guarantee.
2.10. BID VALIDITY
2.10.1
Bidders shall be bound by the term of their bids for a period of 6
months starting from the Bid Closing Date specified at paragraph 2.3.1 above.
2.10.2
In order to comply with this requirement, the Bidder shall complete
the Certificate of Bid Validity set forth in Annex A.3. Bids offering less than
the period of time referred to above for acceptance by the Purchaser may be
determined to be non-compliant.
2.10.3
The Purchaser will endeavour to complete the evaluation and make
an award within the period referred to above. However, should that period of
time prove insufficient to render an award, the Purchaser reserves the right to
request an extension of the period of validity of all bids which remain under
consideration for award.
2.10.4
Upon notification by the Purchaser of such a request for a time
extension, the Bidders shall have the right to:
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(a)
accept this extension of time in which case Bidders shall be bound
by the terms of their offer for the extended period of time and the
Bid Guarantee and Certificate of Bid Validity extended
accordingly; or
(b)
refuse this extension of time and withdraw the bid, in which case
the Purchaser will return to the Bidder his Bid Guarantee in the full
amount without penalty.
2.10.5
Bidders shall not have the right to modify their bids due to a
Purchaser request for extension of the bid validity unless expressly stated in
such request.
2.11. CANCELLATION OF INVITATIONS FOR BID
2.11.1
The Purchaser may cancel, suspend or withdraw for re-issue at a
later date this IFB at any time prior to contract award. No legal liability on
the part of the Purchaser for payment of any sort shall arise and in no event
will any Bidder have cause for action against the Purchaser for the recovery
of costs incurred in connection with preparation and submission of a bid in
response to this IFB.
2.12. ELECTRONIC TRANSMISSION OF INFORMATION AND DATA
2.12.1
The Purchaser will endeavour to communicate answers to requests
for clarification and amendments to this IFB to the prospective bidders by the
fastest means possible, including the use of e-mail where the firms have
forwarded the necessary address information.
2.13. BID GUARANTEE
2.13.1
The Bidder shall furnish with his Bid a guarantee in an amount equal
Hundred Thousand Euros (€100,000). The Bid Guarantee shall be in the form
of an irrevocable, unqualified and unconditional bid bond or Standby Letter
of Credit issued by a Belgian banking institution fully governed by Belgian
legislation or issued by a non-Belgian financial institution and confirmed by a
Belgian banking institution fully governed by Belgian legislation. In the
latter case signed original letters from both the issuing institution and the
confirming institution must be provided. The confirming Belgian bank shall
clearly state that it will guarantee the funds, the drawing against can be made
by the NCI AGENCY at its premises in Belgium. Bid Guarantees shall be
made payable to the Treasurer, NCI Agency.
2.13.2
Alternatively, a Bidder may elect to post the required Guarantee by
certified cheque. Bidders are informed that the Purchaser will cash the cheque
on the Bid Closing Date.
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2.13.3
“Standby Letter of Credit" as used herein, means a written
commitment by a Belgian financial institution either on its own behalf or as a
confirmation of the Standby Letter of Credit issued by a non-Belgian bank to
pay all or part of a stated amount of money, until the expiration date of the
letter, upon presentation by the Purchaser of a written demand therefore.
Neither the financial institution nor the Contractor can revoke or condition
the Standby Letter of Credit. The term “Belgian financial institution” includes
non-Belgian financial institutions licensed to operate in Belgium.
2.13.4
The following format may be used by the issuing financial institution
to create a Standby Letter of Credit:
_____________________________________________________
[Issuing Financial Institution’s Letterhead or Name and Address]
Issue Date
Standby Letter of Credit No.
Account party’s name
Account party’s address
For Contract No.
(for reference only)
To:
The NATO Communications and Information Agency
Boulevard Leopold III
B-1040 Bruxelles, Belgique
1.
We hereby establish this Standby Letter of Credit in your favour for one
or more drawings up to Euro
(€
). This
Standby Letter of Credit is payable at [issuing financial institution’s]
office at [issuing financial institution’s address and expires with our
close of business on
*.
2.
We hereby undertake to honour your sight draft(s) drawn on the issuing
or, if any, the confirming financial institution, for all or any part of this
credit if presented with this Standby Letter of Credit and confirmation,
if any, at the office specified in paragraph 1 of this Standby Letter of
Credit on or before the expiration date or any subsequently extended
expiration date specified by an amendment to this Standby Letter of
Credit.
3.
This Standby Letter of Credit is subject to the laws of The Kingdom of
Belgium.
Sincerely,
[Issuing financial institution]
* Insert anticipated Bid Validity Date
2.13.5
If the Bid Closing Date is extended after a Bidder's financial
institution has issued a Bid Guarantee, it is the obligation of the Bidder to
have such Bid Guarantee (and confirmation, as applicable) extended to reflect
the revised Bid Validity date occasioned by such extension.
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2.13.6
Failure to furnish the required Bid Guarantee in the proper amount,
and in the proper form and for the appropriate duration by the Bid Closing
Date as may be extended by the purchaser, cause for the bid to be determined
non-compliant.
2.13.7
Bid Guarantees will be returned to Bidders as follows:
(a)
to non-compliant Bidders forty-five (45) days after notification by
the Purchaser of a non-compliant bid (except where such
determination is challenged by the Bidder; in which case the Bid
Guarantee will be returned forty-five (45) days after a final
determination of non-compliance);
(b)
to all other unsuccessful Bidders within thirty (30) days following
the award of the contract to the successful Bidder;
(c)
to the successful Bidder upon submission of the Performance
Guarantee required by the Contract or, if there is no requirement
for such a Performance Guarantee, upon contract execution by both
parties.
(d)
Pursuant to paragraph 2.10.4 (b)
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SECTION 3 - BID PREPARATION INSTRUCTIONS
3.1. GENERAL
3.1.1 Bids shall be prepared in accordance with the instructions set forth herein.
3.1.2 Bidders shall prepare a complete bid which comprehensively addresses all
requirements stated herein. The Bid shall demonstrate the Bidder's
understanding of the IFB and his ability to provide all the deliverables and
services listed in the Schedule of Supplies and Services. Partial bids will be
declared non-compliant.
3.1.3 The Bidder shall not restate the IFB requirements in confirmatory terms only.
The Bidder must clearly describe what is being offered and how the Bidder
will meet all IFB requirements. Statements in confirmatory terms only will be
sufficient grounds for determining the bid to be non-compliant.
3.1.4 Bidders shall prepare their bid in 3 parts in the following quantities:
(a) Bid Administration (Part I):
1x Original
(b) Price Quotation (Part II):
1x Original & 1x Paper Copy with 1x
Electronic Copy on CD-ROM
(c) Technical Proposal (Part III):
1x Original & 1x Paper Copy with 3x
Electronic Copies on CD-ROM
3.1.5 Documents submitted in accordance with section 3.1.4 above shall be
classified no higher than “NATO RESTRICTED” material. All the material
of a NATO RESTRICTED nature must be submitted in accordance with
national security procedures.
3.1.6 Bidders are advised that the Purchaser reserves the right to incorporate the
Bidders technical Proposal in whole or in part in the resulting contract.
3.2. BID ADMINISTRATION (Part I)
3.2.1 The “Bid Administration” Part shall contain a Bid Guarantee as described in
Section 2.13 to these Bidding Instructions. If the Bid Guarantee is sent to the
Purchaser directly from the Bidder’s bank, a letter in lieu of the actual
Guarantee shall be included in the Bid Administration Package, specifying
the details of the transmittal.
3.2.2 The following certifications shall be provided by completing the certificates
set forth in Annexe A hereto, specifically:
(a)
A-1
Certificate of Legal Name of Bidder.
(b)
A-2
Certificate of Independent Determination.
(c)
A-3
Certificate of Bid Validity.
(d)
A-4
Certificate of Understanding
(e)
A-5
Certificate of Exclusion of Taxes, Duties and Charges.
(f)
A-6
Acknowledgement of Receipt of IFB Amendments
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(g)
A-7
Disclosure of Requirements for NCI AGENCY
Execution of Supplemental Agreements.
(h)
A-8
Certification of NATO Member Country of Origin of
Delivered Equipment, Services, Material and Intellectual Property
Rights
(i)
A-9
(j)
A-10
AQAP 2110 or Certificate of ISO-9001:2000
Compliance.
(k)
A-11
List Of Prospective Sub-Contractors And Major
Vendors.
(l)
A-12
List of Key Personnel with Security Clearance
Information.
Certificate Of Compliance
3.2.3 The Cross Reference/Compliance Table – The Bidder shall confirm that he
accepts and will perform the requirements in the Statement of Work, if
awarded the contract, by completing and submitting the Cross
Reference/Compliance table as detailed in Annex B. In this table the bidder
shall include the references to the sections in his bid which describe how the
respective requirements will be met.
3.2.4 A list of prospective sub-contractors/ consortium members (Annex A-11)
shall be completed and included. If there are no sub-contractors/consortium
members involved, the Bidder shall state this separately.
3.3. PRICE QUOTATION (Part II)
3.3.1 The Price Proposal in the form of the Bidding Sheets shall be prepared and
submitted in the form of the Schedule of Supplies and Services (SSS) in Book
II, Part I of this IFB.
3.3.2 The Bidders shall provide a breakdown of the cost for undertaking the level
of effort required for tasks under CLINs 1 through 8 and O1 to O4 by
completing the Pricing Summary (see Pricing Summary Instructions at Annex
C) for each CLIN and entering the resultant Firm Fixed price in the
appropriate columns.
3.3.3 Bidders shall quote in their own national currency or in Euro. Bidders may
also submit bids in multiple currencies including other NATO member states'
currencies under the following conditions:
(a)
the currency is of a "participating country" in the project, and
(b)
the Bidder can demonstrate, either through sub-contract
arrangements or in its proposed work methodology, that it will
have equivalent expenses in that currency. All major subcontracts
and their approximate anticipated value should be listed on a
separate sheet and included with the Price Quotation.
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3.3.4 Bidders are informed that the Purchaser, by virtue of his status stipulated in
the provisions of the NCIO Charter, Article 67(e)(3), is exempt from all direct
taxes (incl. VAT), and all customs duties on merchandise imported or
exported. This provision reads as follows:
"Each participating nation undertakes to grant to NCI AGENCY under the
terms of Articles 9 and 10 of the Ottawa Agreement, exemption from all
direct taxes (except rates, taxes and dues which are no more than charges for
public utility services) from the taxes on the sale of movable and immovable
properties, and from customs and excise duties in respect of equipment
imported or exported by NCI AGENCY or its appointed agents."
3.3.5 Bidders shall therefore exclude from their Price Quotation all taxes, duties
and customs charges from which the Purchaser is exempted by international
agreement. Bidders are reminded of the requirement to complete the
certification to this effect in Annex A-5.
3.3.6 All prices quoted in the proposal shall be DDP (Delivery Duty Paid) to
specified destination, in accordance with the International Chamber of
Commerce INCOTERMS 2000 and shall also cover all packaging, packing,
preservation, insurance and transportation charges. Prices quoted shall
include all costs for items supplied and delivered to final destination.
Including unloading and handling.
3.3.7 Except as required in the Bidding Instructions, no other documentation
besides the Priced Proposal Sheets shall be included in the Price Quotation.
Any other document of a contractual or technical nature will not be
considered during evaluation and may be cause for a determination of noncompliance by the Purchaser.
3.3.8 When completing the Bidding Sheets the Bidder shall insert information in all
yellow cells. A price for each specified element shall be supplied on each
CLIN. Prices should not be grouped. The prices and quantities entered on the
document shall reflect the total items required to meet the contractual
requirements. The total price shall be indicated in the appropriate columns
and in the currency quoted. If the price of a line item is expressed in different
currencies, these shall be identified, and there shall be as many totals on that
line item as there are currencies. In preparing the Price Quotation, Bidders
shall ensure that the prices of the Sub-items total the price of the major item
of which they constitute a part. The accuracy of the inputs of the Priced
Proposal Sheets is the responsibility of the Bidder. The Purchaser in its
favour may resolve ambiguous computation of prices.
3.3.9 Where an item specified in the requirement is no longer available, Bidders are
requested to provide the nearest available equivalent which meets or exceeds
the specifications of the item which it replaces. Bidders shall provide
technical data on the alternative product in order to justify its inclusion.
3.3.10 The Bidder shall furnish firm fixed price quotations, for all proposed items
including all options provided for in this IFB with any and all appropriate
additions. Partial quotations shall be rejected.
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3.3.11 The Bidder understands that there is no obligation under this contract for
NCI AGENCY to exercise any of the optional line items and that NCI
AGENCY bears no liability should it decide not to exercise the options
(totally or partially). Further, NCI AGENCY reserves the right to order
another Contractor (or the same), to perform the tasks described in the
optional line items of the current contract through a new contract with other
conditions.
3.4. TECHNICAL PROPOSAL
3.4.1 Bidders shall prepare and submit a Technical Proposal for the ISAF ManPortable AMN Capability (IMPAC) in the form of a draft Project
Implementation Plan (PIP) as detailed in the Statement of Work (SOW)
(Book II Part IV). The technical Proposal shall address each of the following
areas below with the minimum information as requested in the paragraphs
below and as implied by the related section in the SOW:
Section 1:
Project Overview
Section 2:
Applicable Documents
Section 3:
Project Management
Section 4:
System Design and Implementation
Section 5:
Integrated Logistics Support / Configuration Management
Section 6:
Quality Assurance and Control
Section 7:
Documentation
Section 8:
Training
Section 9:
Testing and Acceptance
3.4.2 Cross Reference/Compliance Table
3.4.2.1 The Bidder shall complete the Cross Reference/Compliance Table
at Annex B properly filled along with all the documentation required
necessary to prove that the systems offered will meet the requirements
described in Book II Part IV - Statement of Work. In this table the bidder
shall include the references to the sections in his bid which describe how
the respective requirements will be met.
3.4.2.2 The completed table serves as an index for the Purchaser's
Technical Evaluation Panel and also as an aide memoir to the Bidder to
ensure that all the required information has been provided in the
Technical Proposal.
3.4.3 Section 1: Project Overview
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3.4.3.1 Section 1 of the PIP shall contain a Project overview, which shall
provide an executive summary overview of the IMPAC and shall
summarise the main features of each of the PIP sections and shall
indicate how the Project will be executed during the full lifetime of the
Project.
3.4.3.2 In this section, the Bidder shall demonstrate their ability to
undertake this project and detail their experience as the Prime Contractor
in the design and implementation of similar type of systems. Specifically,
the Bidder shall identify the similarities of the system design delivered
under recent previous contract(s) (last 5 years) to the system required
under this procurement.
3.4.4 Section 2: Applicable Documents
3.4.4.1 In this Section the Bidder shall describe the reference documents
used to ensure compliancy with of the Statement of Work.
3.4.5 Section 3: Project Management
3.4.5.1 In this Section the Bidder shall describe its proposed Project
Management Office (PMO) and demonstrate how it meets the
requirements in Section 3.2.2 of the Statement of Work.
3.4.5.2 The Bidder shall define their proposed management structure and
provide a list of Key Personnel (Bidding Instructions Annex A-12)
assigned to the Contractor’s team and their respective roles,
responsibilities and authority, as well as their qualifications, experiences
and security clearances. The Key Personnel shall at a minimum include
the Project Manager, the Technical Lead, the Test Director, the Fielding
and Support Manager, Security Officer, Training Manager and Quality
Assurance Manager in accordance with paragraph 3.2.2 of the SOW.
3.4.5.3 The Bidder shall identify (Bidding Instructions Annex A-11) all
major Contractor operating units and any Sub-Contractors and Suppliers
involved in the development of IMPAC capability, and a description of
the portion of the overall effort or deliverable item for which they are
responsible.
3.4.5.4 The Bidder shall describe the methodology for Project Control to
meet the requirements of Section 3.5 of the SOW to include project
reporting and proposed project meetings during the various phases of the
Project.
3.4.5.5 The Bidder shall describe their Risk Management approach and
shall provide a preliminary Risk Assessment and Risk Log that meets the
requirements of Section 3.5.3 of the SOW and which realistically
addresses the risks involved in the performance of the Contract and offers
adequate, logical and pragmatic means for mitigating and controlling the
risks.
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3.4.6 Section 4: System Design and Engineering
3.4.6.1 Design
3.4.6.1.1. The Bidder shall provide a first, high level draft of the System
Design Specification (SDS) in accordance with the information dictated by the
SOW 4.3.2.:
a. With sufficient detail for the Purchaser to assess compliance with the
Functional and Physical Requirements of IMPAC:
b. Physical and electrical integration of the IMPAC capability
components including mass and power budgets;
c. A graphical presentation of the Power Unit, NU and IS Networking
enclosures;
d. A graphical presentation Positioning of the IMPAC components inside
the Transport Case and for desk usage
3.4.6.2. Integration
3.4.6.2.1 The Bidder shall describe their approach to ensuring
a. How the Bidder expects to achieve and can ensure interoperability and
integration with the PFS and PFE in order to meet the functional and
security requirements, including a draft network diagram.
b. An outline of the design of the IMPAC Power Unit.
c. How the Bidder expects to achieve and can ensure AFPL approval for
the IMPAC (kit) components and the WOS .
3.4.6.3.Implementation
a. The Bidder shall provide a first, high level System Implementation
Plan, following the structure in section 4.5 of the SOW, and outlining their
approach to implementing each of the three Stages identified in sections
4.5.2/4.5.3/4.5.4 of the SOW.
3.4.7 Section 5: Integrated Logistics Support / Configuration Management
3.4.7.1 In this Section, the Bidder shall provide a high level description of the
proposed Integrated Logistics Support Plan. This plan shall cover the
requirements of the Prospective Contract as set forth in Section 5.1 of the
Statement of Work.
3.4.7.1.2 Draft Maintenance Concept. The Bidder shall outline how he
adopts the Maintenance processes and deliverables to the scope of this
contract as requested in the SOW Section 5.1.1.3.2
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3.4.7.1.3 Draft Transportation Plan. The Bidder shall outline how he
adopts the Transportation processes and deliverables to the scope of
this contract as requested in the SOW Section 5.4.1.
3.4.7.2 Configuration Management
3.4.7.1.1 In this Section, the Bidders shall provide a description of the
overall Configuration Management Setup utilised by the corporation
and provide high level description of tools used and methodology
which demonstrate that the Prime Contractor conforms to the
requirements of the Prospective Contract as directed in the SOW
section 5.3
3.4.8 Section 6: Quality Assurance and Control
3.4.8.1 In this Section, the Bidders shall provide a description of the overall
Quality Assurance/Quality Control Programme utilised by the corporation and
provide copies of the applicable certificates (issued by National Governments
or International Organisations such as ISO) which demonstrate that the Prime
Contractor’s Quality Programme conforms to the requirements of the
Prospective Contract as directed in the SOW 6.1
3.4.9 Section 7: Documentation
3.4.9.1 In this section the Bidder shall describe how he proposes to comply
with each of the documentation requirements of Section 7 of the SOW.
3.4.10 Section 8: Training
3.4.10.1 The Bidder shall provide a first, high level Project Training Plan, as
per section 8 and section 5.1.1.3.4 of the SOW to include a Draft Training
Plan.
3.4.11 Section 9: Testing and Acceptance
3.4.11.1In this section, the Bidder shall outline their approach to testing for the
execution of the FAT, FAST and PSA tests, in order to meet the requirements
in section 9.3 the SOW.
3.4.11.2 The Bidder shall provide a first, high level Project Test and
Acceptance Plan which describes his approach to testing and addresses the
conduct of tests described in 9.3, as per section 9.5.1 of the SoW.
3.4.11.3 The bidder shall have included evidence about their past recent
experience, as the prime contractor, in conducting acceptance tests of similar
type of systems.
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3.5.
PACKING AND MARKING OF BIDS
3.5.1 All copies of the Bid Administration Part, Price Quotation and Technical
Proposal shall be segregated and enclosed in separate outer envelopes or
packages marked as follows:
(a)
the name and address of the Bidder;
(b)
the words "Sealed Bid – PROVISION OF ISAF IMPACs”
(c)
the designating number: "IFB-CO-13589-OPL " followed by one
of the following identifications as appropriate:

“Bid Administration”

“Price Quotation”

“Technical Proposal”
3.5.2 The separate envelopes or packages shall be placed in an outer container or
containers suitable for mailing or shipping and clearly marked with the
Purchaser’s address, the Bidder’s name and address and the following annotation
shall be prominently printed on the top and sides:
“SEALED BID IFB-CO-13589-OPL NOTIFY ASG UPON RECEIPT!”
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SECTION 4 - BID EVALUATION
4.1.
General
4.1.1 The evaluation of bids will be made by the Purchaser solely on the basis of
the requirements in this IFB.
4.1.2 The evaluation of bids and the determination as to the compliance or
technical adequacy of the supplies and services offered will be based only on
that information furnished by the Bidder and contained in his bid. The
Purchaser shall not be responsible for locating or securing any information
which is not included in the bid.
4.1.3 To ensure that sufficient information is available, the Bidder shall furnish
with his bid all information appropriate to provide a complete description of
the work which will be performed and/or the supplies to be delivered. The
information provided shall be to a level of detail necessary for the Purchaser
to determine exactly what the Bidder proposes to furnish and whether the
offer meets the technical, administrative and contractual requirements of this
IFB.
4.1.4 During the evaluation, the Purchaser may request clarification of the bid from
the Bidder and the Bidder shall provide sufficient detailed information in
connection with such requests as to permit the Purchaser to make a final
determination based upon the facts. The purpose of such clarifications will
be to resolve ambiguities in the bid and to permit the Bidder to state his
intentions regarding certain statements contained therein. The Bidder is not
permitted any cardinal alteration of the bid regarding technical matters and
shall not make any change to its price quotation at any time.
4.1.5 The Purchaser reserves the right, during the evaluation and selection process,
to verify any statements made concerning experience and facilities, by
making a physical inspection of the Bidder's facilities and capital assets and
by interviewing proposed Key Personnel. Physical inspections and interviews
shall also apply to assertions in the proposal made on behalf of proposed
subcontractors. The Bidder shall be responsible for providing access to his
own or subcontractors' facilities and personnel.
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4.1.6 The contract resulting from this IFB will be awarded to the Bidder whose
offer, as evaluated by the Purchaser, is the lowest priced bid in compliance
with the requirements of this IFB. The evaluation will be conducted in
accordance with NATO Infrastructure Bidding Procedures as set forth in
document AC/4-D/2261 (1996 Edition). Evaluation of this IFB will be
conducted in accordance with the “One Envelope” procedure in which the
Price Proposal of each Bidder is evaluated first, and only the technical
proposal of the apparent lowest priced bid is technically evaluated for
compliance with the requirements of the Statement of Work. Bidders that are
determined to have submitted non-compliant bids will be so notified and will
have an opportunity to challenge such a determination in accordance with the
Alliance Operations and Missions International Competitive Bidding
Procedures (AC/4-D(2007)0003). In such a case the technical proposal of the
Bidder who has submitted the apparent second lowest priced bid will be
evaluated. The Bidder who has offered the lowest priced, technically
compliant bid will then be offered the contract for award.
4.2. ADMINISTRATIVE CRITERIA
4.2.1 Prior to commencement of the Price and Technical evaluation, Bids will be
reviewed for compliance with the Bid Submission Requirements of this IFB.
These are as follows:
4.2.2 The Bid was received by the Bid Closing Date and Time;
4.2.3 The Bid was packed and marked properly;
4.2.4 The Administrative Package contained all the information required in the
originally signed copies and of the required Certificates in Annex A hereto;
4.2.5 The Administrative Package contained the Bid Guarantee;
4.2.6 Completeness of the IFB/BID Cross Reference/Compliance Sheet(s) in
Annex B hereto;
4.2.7 Submission of the list of prospective sub-contractors/ consortium members
completed or statement that no sub-contractors/consortium members
involved;
4.2.8 A Bid that fails to conform to the above requirements may be declared noncompliant and may not be evaluated further by the Purchaser.
4.2.9 If it is discovered, during either the Price or Technical evaluation, that the
Bidder has taken exception to the Terms and Conditions of the Prospective
Contract, or has qualified and/or otherwise conditioned his offer on a
modification or alteration of the Terms and Conditions or the language of the
Statement of Work, the Bidder may be determined to have submitted a noncompliant bid.
4.3. PRICE EVALUATION
4.3.1 Price Evaluation Criteria
(a)
The Bid will be evaluated against the following criteria:
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i.
Compliance with the requirements for preparation and
submission of the Price. Quotation set forth in the Bid
Preparation Section (Book I, Section 3) and Instructions for
Completing the Contractor’s Pricing Summary (Annex C hereto)
ii.
The Bidder must have furnished firm fixed prices for all items
listed.
iii.
All pricing data, i.e., quantities, unit prices, should be provided
as reflected in the Schedule of Supplies and Services and the
Bidding Sheets (at Annex C).
iv.
Bid prices include all costs for items supplied, delivered, and
supported.
v.
The Bidder must have provided accurate unit price of each of
the sub-items she/he added (if any).
vi.
The currency of all line items is to be clearly indicated.
vii.
The Bidder must have provided accurate unit price and total
price for each line item.
viii. The grand total shall be accurate.
(b)
ix.
Bidders shall quote in their own national currency or in the host
nation currency, i.e., euros.
x.
All prices should be accurately entered into appropriate
columns, and accurately totalled.
xi.
Bidders shall indicated that in accordance with the treaties
governing the terms of business with NATO, exclude from their
prices all taxes, duties and customs charges from which the
Purchaser has been exempted.
xii.
Price quotes for each individual item(s), and totalled prices are
accurate and realistic, (based on historic data, and/or market and
competitive trends in the specified industrial sectors).
Lowest determined total Firm Fixed Price offered for the Contract
as specified in the Schedule of Supplies and Services (SSS).
4.3.2 Determination of Lowest Firm Fixed Price
(a)
General: In order to determine the lowest offered price the
Purchaser will convert all prices quoted into EURO for purposes of
comparison. The exchange rate to be utilised by the Purchaser will
be the ‘Spot’ rates of the "European Central Bank" of the last
working day preceding the Bid Closing Date.
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(b)
Basis of Price Comparison: The Total Price Offered for the
Contract will be compared on the basis of the prices offered
converted to EURO as stated in paragraph 4.3.2 (a) above. This
total price shall include all CLIN Items 1 to 8 specified in the
Bidding Sheets but excluding any options.
4.3.3 Price Realism
(a)
Otherwise successful Bidders that submit a price quotation so low/
or so high that it is not a realistic reflection of the objective cost of
performance of the associated technical proposal may be
considered by the Purchaser to have submitted an unrealistic offer.
(b)
Indicators of an unrealistically low bid may be the following,
amongst others:
• Labour Costs that, when amortised over the expected or
proposed direct labour hours, indicate average labour rates far
below those prevailing in the bidder’s locality for the types of
labour proposed.
• Direct Material costs that are considered to be too low for the
amounts and types of material proposed, based on prevailing
market prices for such material.
• Numerous Line Item prices for supplies and services that are
provided at no cost or at nominal prices.
(c)
If the Purchaser has reason to suspect that a Bidder has artificially
debased its prices in order to secure contract award, the Purchaser
will request clarification of the bid in this regard and the Bidder
shall provide explanation on one of the following bases:
• An error was made in the preparation of the Price Quotation.
In such a case, the Bidder must document the nature of the error
and show background documentation concerning the preparation
of the Price Quotation that makes a convincing case that a
mistake was made by the Bidder. In such a case, the Bidder shall
petition the Purchaser to either remain in the competition or
accept the Contract at the offered price, or to withdraw from the
competition.
• The Bidder has a competitive advantage due to prior
experience or industrial/technological processes that
demonstrably reduce the costs of Bidder performance and
therefore the price offered is realistic. Such an argument must
support the technical proposal offered and convincing
and
objectively describe the competitive advantage and the net
savings achieved by this advantage over standard market
practices and technology.
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• The Bidder recognises that the submitted Price Quotation is
unrealistically low compared to its cost of performance and, for
business reasons; the Bidder is willing to absorb such a
loss. Such a statement can only be made by the head of the
business unit submitting the Bid and will normally be made at
the level of Chief Operating Officer or Chief Executive Officer.
In such a case, the Bidder shall estimate the potential loss and
show that the financial resources of the Bidder are adequate to
withstand such reduction in revenue.
• If a Bidder fails to submit a comprehensive and compelling
response on one of the bases above, the Purchaser may
determine the Bid submitted as non-compliant. If the Bidder
responds on the basis of 4.3.3(a) above and requests to withdraw
from the competition, the Purchaser may, depending on the
nature and gravity of the mistake, allow the Bidder to withdraw
with or without penalty in terms of drawing on the Bid
Guarantee.
(d)
If the Purchaser accepts the Bidder’s explanation of mistake in
paragraph 4.3.3(a) and allows the Bidder to accept the Contract at
the offered price, or the Purchaser accepts the Bidder’s explanation
pursuant to paragraph 4.3.3(c) above, the Bidder shall agree that
the supporting pricing data submitted with his Bid will be
incorporated by reference in the resultant contract. The Bidder shall
agree as a condition of contract signature, that the pricing data will
be the basis of determining fair and reasonable pricing for all
subsequent negotiations for modifications of or additions to the
contract and that no revisions of proposed prices will be made.
(e)
If the Bidder presents a convincing rationale pursuant to paragraph
4.3.3(b) above, no additional action will be warranted. The
Purchaser, however, reserves its right to reject such an argument if
the rationale is not compelling or capable of objective analysis. In
such a case the Bid may be determined to be non-compliant.
4.4. TECHNICAL CRITERIA
4.4.1 In order for a Bid to be determined to be compliant, the Bidder shall have
submitted a Proposal which has met, after evaluation by the Purchaser, all the
criteria which are listed in Book II, Part IV - Statement of Work.
4.4.2 The Cross-Reference Table will assist the Purchaser in assessing the Bidder’s
compliancy.
4.4.3 Scope:
(a)
The bidder’s response shall cover all requirements as stated
explicitly in the SOW and, by reference, all of the Annexes.
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4.4.4 Approach to compliance response:
(a)
In response to the SOW requirements the Bidder is required to
demonstrate the following:


Understanding of the requirements (The What)
Application of their knowledge and expertise, including
management and technical, in addressing the requirements (The
How).
4.4.5 Assessment of the Bidder response:
(a)
In addition to confirmation of requirements compliancy, the
Purchaser’s detailed compliance assessment will focus on how
(The how) the Bidder intends to satisfy all the requirements (The
what). Hence, in preparing the Technical Proposal, the Bidder shall
provide a description of how they intend to meet the requirements.
The description should highlight their insight, application of expert
knowledge showing a good understanding of the task and
appreciation of issues and how they intend to address them.
4.4.6 The Bidders depth of descriptive response will need to be aligned with the
granularity of the specific requirement statement.
4.4.7 A simple Bidders response stating it is compliant or the repetition of the
words in the SOW requirement will be assessed as an inadequate response
and non-compliant.
4.4.8 Compliance of the “Equipment Specifications” with the requirements of the
IFB:
(a)
The determination of technical compliance in “Equipment
Specifications” will be made by the Purchaser on the basis of the
Bidder offering the equipment that is specified in the Bidding
Sheets without qualification or exception. Any deviation from this
equipment may result in the determination that the Bid is noncompliant.
(b)
Bidders may offer alternative equipment and services only in the
case where the Bidder considers the equipment or service to be
obsolete, out of production, or the manufacturer no longer supports
the equipment. In such cases the Bidder may offer a replacement of
equal or better performance.
(c)
The Bidder shall identify the goods and/or services that are
replaced and state the reason for the replacement. If a Bidder offers
a replacement item, such replacement must be fully justified.
(d)
If a Bidder offers a replacement item without adequate explanation
or justification, or does not give a quotation for all the required
items, the quotation will be determined to be non-compliant
without further discussion and the Bidder shall have no recourse to
such a determination.
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ANNEX A – CERTIFICATES
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A-1: CERTIFICATE OF LEGAL NAME OF BIDDER
This Bid is prepared and submitted on behalf of the legal corporate entity specified below:
FULL NAME OF CORPORATION:
DIVISION (IF APPLICABLE):
SUB DIVISION (IF APPLICABLE):
OFFICIAL MAILING ADDRESS
E-MAIL ADDRESS
FAX NO:
BOA NO:
POINT OF CONTACT:
REGARDING THIS BID:
NAME:
POSITION:
TELEPHONE
E-MAIL ADDRESS
ALTERNATIVE POINT OF CONTACT:
NAME:
POSITION:
TELEPHONE:
E-MAIL ADDRESS
Date
Signature of Authorised Representative
Printed Name
Title
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A-2: CERTIFICATE OF INDEPENDENT DETERMINATION
1.
Each Bidder shall certify that in connection with this procurement:
a. This Bid has been arrived at independently, without consultation, communication or
agreement, for the purpose of restricting competition, with any other Bidder or with any
competitor;
b. The contents of this bid have not been knowingly disclosed by the Bidder and will not
knowingly be disclosed by the Bidder prior to award, directly or indirectly to any other
Bidder or to any competitor, and
c. No attempt has been made, or will be made by the Bidder to induce any other person or
firm to submit, or not to submit, a Bid for the purpose of restricting competition.
2.
Each person signing this Bid shall also certify that:
a. He is the person in the Bidder's organisation responsible within that organisation for the
decision as to the bid and that he has not participated and will not participate in any
action contrary to 1(a) through 1(c) above, or
Date
(i)
He is not the person in the Bidder's organisation responsible within that
organisation for the bid but that he has been authorised in writing to act as
agent for the persons responsible for such a decision in certifying that such
persons have not participated, and will not participate in any action contrary to
1(a) through 1(c) above, and as their agent does hereby so certify, and
(ii)
He has not participated and will not participate in any action contrary to 1(a)
through 1(c) above.
Signature of Authorised Representative
Printed Name
Title
Company
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A-3: CERTIFICATE OF BID VALIDITY
I, the undersigned, as an authorised representative of the firm submitting this bid, do hereby certify
that the pricing and all other aspects of our Bid will remain valid for a period of Six (6) months
from the Bid Closing Date of this Invitation For Bid.
Date
Signature of Authorised Representative
Printed Name
Title
Company
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A-4: CERTIFICATE OF UNDERSTANDING
I certify that
Company has read and fully understands the requirements of this Invitation For Bid (IFB) and that
the bid recognises these requirements in total.
I also certify to the best of my expert knowledge that this bid is within the "state of art" boundaries
as they exist at the time of bidding for this project.
Date
Signature of Authorised Representative
Printed Name
Title
Company
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A-5: CERTIFICATE OF EXCLUSION OF TAXES, DUTIES AND CHARGES
I hereby certify that the prices offered in the price quotation of this bid exclude all taxes,
duties and customs charges from which the Purchaser has been exempted by international
agreement (see section 3.3.5 above).
Date
Signature of Authorised Representative
Printed Name
Title
Company
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A-6: ACKNOWLEDGEMENT OF RECEIPT OF IFB AMENDMENTS
I confirm that the following amendments to Invitation For Bid No IFB CO-13589-OPL have been
received and the Bid as submitted reflects the content of such amendments:
Amendment Number
Date
Date of Issued
Date of Receipt
Signature of Authorised Representative
Printed Name
Title
Company
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A-7: DISCLOSURE OF REQUIREMENTS FOR NCI AGENCY EXECUTION OF
SUPPLEMENTAL AGREEMENTS
I, the undersigned, as an authorised representative of
the following statement:
, certify
1.
All supplemental agreements, defined as agreements, documents and/or permissions
outside the body of the Contract but required by my Government, and the governments
of my subcontractors, to be executed by the NCI AGENCY as a condition of my firm’s
performance of the Contract, have been identified, as part of the Bid.
2.
These supplemental agreements are listed as follows:
3.
Examples of the terms and conditions of these agreements are attached hereto. The
anticipated restrictions to be imposed on NATO, if any, have been identified in our
offer along with any potential conflicts with the terms, conditions and specifications of
the Prospective. These anticipated restrictions and potential conflicts are based on our
knowledge of and prior experience with such agreements and their implementing
regulations. We do not certify that the language or the terms of these agreements will
be exactly as we have anticipated.
4.
The processing time for these agreements has been calculated into our delivery and
performance plans and contingency plans made in the case that there is delay in
processing on the part of the issuing government(s), see ……
5.
We recognise that additional supplemental agreements, documents and permissions
presented as a condition of Contract performance or MOU signature after our firm
would be selected as the successful bidder may be cause for the NCI AGENCY to
determine the submitted bid to be non-compliant with the requirements of the IFB;
6
We accept that should the resultant supplemental agreements issued in final form by the
government(s) result in an impossibility to perform the Contract in accordance with its
schedule, terms or specifications, the contract may be terminated by the Purchaser at no
cost to either Party.
Date
Signature of Authorised Representative
Printed Name
Title
Company
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A – 8: CERTIFICATION OF NATO MEMBER COUNTRY ORIGIN OF DELIVERED
EQUIPMENT, SERVICES, MATERIALS AND INTELLECTUAL PROPERTY RIGHTS
The Bidder hereby certifies that, if awarded the Contract pursuant to this solicitation, he will
perform the contract subject to the following conditions:
(a)
none of the work, including project design, labour and services shall be performed
other than by firms from and within participating NATO member countries;
(b)
no material or items of equipment down to and including identifiable sub-assemblies
shall be manufactured or assembled by a firm other than from and within a
participating NATO member country. (A sub-assembly is defined as a portion of an
assembly consisting of two or more parts that can be provided and replaced as an
entity)*; and
(c)
The intellectual property rights to all design documentation and related system
operating software shall reside in NATO member countries, and no license fees or
royalty charges shall be paid by the Contractor to firms, individuals or governments
other than within the NATO member countries.
Date
Signature of Authorised Representative
Printed Name
Title
Company
*This definition purposely excludes components and/or parts (as defined in AcodP-1), which
are not subject to this certification.
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A-9: CERTIFICATE OF COMPLIANCE
I hereby certify that the Bid submitted by
Company
is fully compliant with the IFB-CO-13589-OPL contractual Special and General Provisions
and the requirements of the Invitation for Bid (IFB-CO-13589-OPL) as stated therein.
This company foresees no difficulty in obtaining acceptance of any Prime Contract terms and
conditions which are required to be passed on to subcontractors by this IFB.
Date
Signature of Authorised Representative
Printed Name
Title
Company
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A-10: CERTIFICATE OF AQAP 2110 OR ISO 9001:2000 COMPLIANCE
I hereby certify that _________________________(name of Company) possesses and applies
Quality Assurance Procedures/Plans that are equivalent to the AQAP 2110 or ISO 9001:2000
as evidenced through the attached documentation1.
Date
Signature of Authorised Representative
Printed Name
Title
Company
1
Bidders must attach copies of any relevant quality certification.
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A-11: LIST OF PROSPECTIVE SUB-CONTRACTORS AND MAJOR VENDORS
Name and Address of
Sub-Contractor, incl.
country of
origin/registration
Primary Location of
Work
Items/Services to be
Provided
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Estimated Amount
of Sub-Contract
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A-12: LIST OF KEY PERSONNEL WITH SECURITY CLEARANCE INFORMATION
Name
Role
Level of Clearance
Dates of Validity
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Certifying Authority
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ANNEX B
CROSS REFERENCE MATRIX TABLE
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ANNEX B-TECHNICAL PROPOSAL CROSS REFERENCE MATRIX TABLE
BIDDING INSTRUCTION
EVALUATION CRITERIA SOW REFERENCE
Section 1: Project Overview
Paragraph 3.3 Project Implementation Plan
3.4.1 Bidders shall prepare and submit a Technical Proposal
for the IMPACs in the form of a draft Project Implementation
Plan (PIP) as detailed in the Statement of Work (SOW -Book
II Part IV). The technical Proposal shall address each of the
following areas below with the minimum information as
requested in the paragraphs below and as implied by the
related section in the SOW:
3.3.1.1.
The Bidder has submitted a draft Project
Implementation Plan (PIP), which describes how the Bidder
will implement the totality of the Project, including details of
the Project Controls that will be applied.
Section 1: Project Overview
Section 2: Applicable Documents
Section 3:Project Management
Section 4:System Design and Implementation
Section 5:Integrated Logistics Support / Configuration
Management
Section 6:Quality Assurance and Control
Section 7:Documentation
Section 8:Training
Section 9:Testing and Acceptance
3.4.2 Cross Reference/Compliance Table
3.4.2.1 The Bidder shall complete the Cross
The Bidder has completed the Cross Reference/Compliance
Table at Annex B properly filled along with all the
documentation required necessary to prove that the systems
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Reference/Compliance Table at Annex B properly filled
along with all the documentation required necessary to prove
that the systems offered will meet the requirements described
in Book II Part IV - Statement of Work. In this table the
bidder shall include the references to the sections in his bid
which describe how the respective requirements will be met.
offered will meet the requirements described in Book II Part
IV - Statement of Work.
3.4.2.2 The completed table serves as an index for the
Purchaser's Technical Evaluation Panel and also as an aide
memoir to the Bidder to ensure that all the required
information has been provided in the Technical Proposal.
3.4.3 Section 1: Project Overview
Section 3.3.2 Project Overview
3.4.3.1 Section 1 of the PIP shall contain a Project overview,
which shall provide an executive summary overview of the
IMPAC and shall summarise the main features of each of the
PIP sections and shall indicate how the Project will be
executed during the full lifetime of the Project.
3.3.2.1. Section 1 of the PIP shall contain a Project
overview, which shall provide an executive summary
overview of the offered capability, shall summarise the main
features of each of the PIP sections, and shall indicate how
the Project will be executed during the full lifetime of the
Project.
3.4.4 Section 2: Applicable Documents
3.3.3.1. Section 2 of the PIP shall contain the list of
documents or standards referenced by the other sections of
the PIP.
3.4.4.1 In this Section the Bidder shall describe the reference
documents used to ensure compliancy with of the Statement
of Work.
3.4.5 Section 3: Project Management
3.4.5.1 In this Section the Bidder shall describe its proposed
3.2.2. The Contractor shall establish and maintain a Project
Management Office (PMO) to perform and manage all
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Project Management Office (PMO) and demonstrate how it
meets the requirements in Section 3.2.2 of the Statement of
Work.
efforts necessary to discharge all his responsibilities under
this Contract.
3.4.5. Section 3: Project Management
3.2.2 The Contractor shall also provide all necessary
manpower and resources to conduct and support the
management and administration of operations in order to
meet the objectives of the program, including taking all
reasonable steps to ensure continuity of personnel assigned
to work on this project, as follows:
Project Manager
Technical Lead
Test Director
Quality Assurance Manager
Fielding and Support Manager
Training Manager
Security Officer
3.4.5.2 The Bidder shall define their proposed management
structure and provide a list of Key Personnel (Bidding
Instructions Annex B-12) assigned to the Contractor’s team
and their respective roles, responsibilities and authority, as
well as their qualifications, experiences and security
clearances. The Key Personnel shall at a minimum include the
Project Manager, the Technical Lead, the Test Director, the
Fielding and Support Manager, Security Officer and the
Training Manager in accordance with paragraph 3.2.2 of the
SOW.
3.4.5 Section 3: Project Management
3.4.5.3 The Bidder shall identify (Bidding Instructions Annex
A-11) all major Contractor operating units and any SubContractors and Suppliers involved in the development of
IMPAC capability, and a description of the portion of the
overall effort or deliverable item for which they are
responsible.
3.4.5 Section 3: Project Management
3.3.4.2 The PMP shall identify all major Contractor
operating units and any Sub-Contractors and Suppliers
involved in the development of the IMPAC, and a
description of the portion of the overall effort or deliverable
item for which they are responsible.
3.5.1 and 3.5.2 The contractor shall provide Project Status
Reports, host Project meetings, Design and Project Review
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3.4.5.4 The Bidder shall describe the methodology for Project
Control to meet the requirements of Section 3.5 of the SOW
to include project reporting and proposed project meetings
during the various phases of the Project.
meetings in accordance with SOW 3.5.1 and 3.5.2.
3.4.5 Section 3: Project Management
3.5.3.1 The Contractor shall establish and maintain an
overall Risk Management process for the project.
3.4.5.5 The Bidder shall describe their Risk Management
approach and shall provide a preliminary Risk Assessment
and Risk Log that meets the requirements of Section 3.5.3 of
the SOW and which realistically addresses the risks involved
in the performance of the Contract and offers adequate,
logical and pragmatic means for mitigating and controlling
the risks.
3.4.6 Section 4 System Design and Engineering
3.4.6.1 The Bidder shall provide proof that the components
proposed to meet the SRS are consolidated, as per SOW 4.1.6
and 4.1.7 -> 4.1.7 (2)
3.5.3.2 This Risk Management process shall identify all
risks (management, technical, schedule, and cost risks),
evaluate each risk, and select a proposed response for each
risk.
3.5.3.3 Evaluating each risk shall result in the risk being
rated as High, Medium, or Low, based on its probability and
impact.
4.1.6 The Contractor shall provide proof that the
components proposed to meet the SRS (Appendix A) are
consolidated, in terms of:
(1) Products fielded by military units in similar
environmental conditions as the Afghan
climate, for similar purpose and available on
the market, for not less than two (2) years,
or evolutions of them (e.g. new generation
replacing old)
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(2) Life-cycle support structure in place, at least
covering the CLS period (1+1+1 years)
4.1.7 Exceptions to the above shall be justified, either as:
(3) Fielding of the hardware component(s) in
high numbers (>100), with reliability
figures (MTBF) collected over a period of
not less than one (1) year
(4) Life-cycle support to be undertaken by the
Contractor in its full extent, in case of
limited or deficient life-cycle support by
subcontractors or by suppliers.
3.4.6 Section 4 System Design and Engineering
A8 Environmental Requirements.
3.4.6.2 The Bidder shall provide proof through manufacturer
datasheets or Certificates of Compliance from an independent
certified testing facility that the IMPAC (kit) components are
compliant with the SOW on Environmental requirements
(SOW A8) and Equipment Technical requirements (SOW
A9)
A9 Equipment Technical Requirements.
A.8.1.1 through to A8.8 The Contractor shall devise
adequate packaging and conditioning solutions for the
IMPAC case (and its components unless mentioned
otherwise), aimed at fulfilling or exceeding the requirements
below for operation, transport and storage…..
A.9.1 IMPAC Networking equipment
A.9.1.1 The Ethernet interfaces shall feature MDIX
support to avoid the use of cross cables (if
applicable).
A.9.1.2 RS232 based console ports for local management
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A.9.1.3
A.9.1.4
A.9.1.5
3.4.6 Section 4 System Design and Engineering
3.4.6.3 The Bidder shall provide proof through datasheets of
the WOS and navigation system that these can be expected to
be SRS compliant.
A.9.2
A.9.2.1
A.9.2.2
shall be available to the user (if applicable for the
equipment).
The networking equipment shall support VLAN
trunking including a native VLAN, SSHv2,
firewall functionality, PNAT, SNMPv3 and
relevant security protocols and mechanisms.
The NU and IS networking equipment (when
connected to all peripheral equipment) shall each
feature at least two unused Ethernet interfaces
offering Power over Ethernet according to the
802.3af standard.
The networking equipment shall implement the
most recent Operating System or firmware
suitable for operational (production) networks
compatible with the Software used at the Anchor
Points
WAN Optimisation System (WOS)
The WAN Optimisation System shall optimize the
application performance of IS traffic and reduce
the data rate and volume of WAN traffic
transferred between the IMPAC and the IS
Anchor Point over the bearers as described at the
Connectivity requirements.
The WOS shall optimize through application level
protocol optimisation, caching and compression
of at least the following protocols:
(1) FTP, HTTP and HTTPS.
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(2) MAPI, encrypted MAPI, MAPI over SSL,
OutlookAnywhere, SMTP, SMTP over SSL.
(3) CIFS with signed and unsigned SMB (1.0,
2.0, 2.1).
(4) Kerberos and NTLM.
(5) SharePoint.
(6) Microsoft-SQL.
A.9.2.3
A.9.2.4
A.9.2.5
A.9.2.6
The WOS shall optimize other TCP traffic
through transport level protocol optimisation,
caching and compression.
The WOS shall appear transparent to the client
and servers, i.e. not change the client IP address
as seen from the server.
The WOS shall be composed of a WOS server in
the ISAF Anchor Point at SHAPE, and WOS
software clients on the IMPAC laptops.
The WOS shall support both in-line and out-ofpath setups
3.4.6 Section 4 System Design and Engineering
4.3.2 System Design Specification (SDS)
3.4.6.1.1. The Bidder shall provide a first, high level draft of
the System Design Specification (SDS) in accordance with
the information dictated by the SOW 4.3.2.:
4.3.2.1 The Contractor shall establish and maintain the
IMPAC capability System Design Specification (SDS).
a. With sufficient detail for the Purchaser to assess
compliance with the Functional and Physical
4.3.2.2 The System Design Specification (SDS) shall
include the following information:
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Requirements of IMPAC:
b. Physical and electrical integration of the IMPAC
capability components including mass and power
budgets;
c. A graphical presentation of the Power Unit, NU and
IS Networking enclosures;
d. A graphical presentation Positioning of the IMPAC
components inside the Transport Case and for desk
usage .
(1) Functional breakdown of the IMPAC capability.
(2)
Physical breakdown of the IMPAC capability
into Hardware, Software and Firmware
Configuration Items (CI, refer to §5.3.1 for CI
identification). The breakdown shall include the
number of licenses for each Software CI, with
traceability to the functional breakdown.
(3)
Physical and electrical integration of the
IMPAC capability components, including mass and
power budgets and the positioning of the IMPAC
components inside the Transport Case.
(4)
Integration of the IMPAC capability
components with the PFS to meet the functional
requirements of the SRS.
(5)
Identification of COTS versus developmental
items.
(6)
Description of the inter-working of all
components to meet the system requirements
(physical interfaces between components, data
flows).
(7)
Deployment and Operation principles of the
IMPAC capability: overview of how users will make
use of the provided functionality, of how
administrators and network managers will monitor
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and control the system.
(8)
Recommended Spare Parts List (RSPL),
including itemised prices for each part.
3.4.6 Section 4 System Design and Engineering
4.4. System Integration
3.4.6.2. Integration
4.4.1. General
3.4.6.2.1 the Bidder shall describe their approach to ensuring:
4.4.1.1.
The Contractor shall be responsible
for the integration of the IMPAC capability. This
means:
a. How the Bidder expects to achieve and can ensure
interoperability and integration with the PFS and PFE
in order to meet the functional and security
requirements, including a draft network diagram.
b. An outline of the design of the IMPAC Power Unit
(1) Integration of the components that constitute
the IMPAC.
c. How the Bidder expects to achieve and can ensure
AFPL approval for the IMPAC (kit) components and
the WOS.
(2) Integration of the IMPAC (kit) with
Purchaser Furnished Services (PFS) as per §4.4.3.
(3) Integration in the IMPAC (kit) of Purchaser
Furnished Equipment (PFE) as per §4.4.4.
(4) Integration of the WAN Optimisation System
as per §4.4.6.
3.4.6 Section 4 System Design and Engineering
3.4.6.3 The Bidder shall provide a first, high level System
Implementation Plan, following the structure in section 4.5 of
the SOW, and outlining their approach to implementing each
of the three Stages identified in sections 4.5.2/4.5.3/4.5.4 of
4.5.
System Implementation
4.5.1
General
(a)
As introduced in § 1.3.3 of this SoW, the system
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the SOW
implementation by the contractor shall span over the
following three stages:
(1) Stage 1: Factory Integration and Testing
followed by in-garrison Configuration,
Provisioning, Testing and Training .
(2) Stage 2: In-theatre Testing, Training,
Acceptance and technical transfer.
(3) Stage 3: Final System Acceptance (FSA) after
which the 1 year warranty commences.
4.5.1.2 The implementation of the above three stages shall
be outlined in the System Implementation Plan (SIP), to be
included under Section 4 of the PIP. Like the PIP, the SIP
shall be updated through the project, and shall be subject of
review at each Project Review Meeting (PRM), until and
including FAST
3.4.7 Section 5: Integrated Logistics Support / Configuration
Management
5.1.1 Integrated Logistics Support Plan (ILSP)
3.4.7.1 In this Section, the Bidder shall provide a high level
description of the proposed Integrated Logistics Support Plan.
This plan shall cover the requirements of the Prospective
Contract as set forth in Section 5.1 of the Statement of Work.
5.1.1.1 The Contractor shall develop and maintain the
Integrated Logistics Support Plan (ILSP). The ILSP shall
describe in detail all stakeholders, their responsibilities and
the procedures to follow, that are relevant to sustaining the
IMPAC capability and its associated support system during
the in-service period, starting from FSA to End of Life. The
ILSP shall encapsulate, at a minimum, all Support Element
Plans and Concepts as defined below;
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5.1.1.2 The ILSP shall be structured as follows, but is not
limited to:
5.1.1.2.1 Introduction,
5.1.1.2.2 Scope and Purpose,
5.1.1.2.3 Product Baseline (PBL; ref 2.2.1, ACMP-1)
description and background,
5.1.1.2.4 References and Definitions
3.4.7 Section 5: Integrated Logistics Support / Configuration
Management
5.1.1.3.2 Maintenance Concept
3.4.7.1.2 Draft Maintenance Concept. The Bidder shall
outline how he adopts the Maintenance processes and
deliverables to the scope of this contract as requested in the
SOW Section 5.1.1.3.2
5.1.1.3.2.1 The Contractor shall develop and maintain the
Maintenance Concept for the PBL that defines the
maintenance environment, constraints, locations,
procedures, artefacts, organisation and personnel skills to
maintain the PBL
3.4.7 Section 5: Integrated Logistics Support / Configuration
Management
5.4 Packing, Handling, Storage and Transportation (PHS&T)
3.4.7.1.3 Draft Transportation Plan. The Bidder shall outline
how he adopts the Transportation processes and deliverables
to the scope of this contract as requested in the SOW Section
5.4.1
5.4.1 Development and maintenance of the Transportation
Plan.
5.4.1.1 The Contractor shall provide the Transportation Plan
twenty (20) working days before the first delivery in
electronic format;
5.4.1.2 The Transportation Plan shall describe the end-toend route and stages of the PBL CI transportation from the
Contractor’s origin to its final operational destination
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Bidding Instructions, Annex B
3.4.7 Section 5: Integrated Logistics Support / Configuration
Management
5.3 Configuration Management
3.4.7.2 Configuration Management
3.4.7.1.1 In this Section, the Bidders shall provide a
description of the overall Configuration Management Setup
utilised by the corporation and provide high level description
of tools used and methodology which demonstrate that the
Prime Contractor conforms to the requirements of the
Prospective Contract.
3.4.8 Section 6: Quality Assurance and Control
SOW 6.1 Quality Assurance Program
3.4.8.1 In this Section, the Bidders shall provide a description
of the overall Quality Assurance/Quality Control Programme
utilised by the corporation and provide copies of the
applicable certificates (issued by National Governments or
International Organisations such as ISO) which demonstrate
that the Prime Contractor’s Quality Programme conforms to
the requirements of the Prospective Contract.
6.1.1 The Contractor shall establish, execute, document and
maintain an effective Quality Assurance (QA) program
throughout the Contract lifetime. This program shall
be in accordance with the compliance documents, and
shall meet the requirements of ISO 9001:2008
6.1.2 The QA program shall apply to all services and all
products (both management products and specialist
products) to be provided by the Contractor under this
Contract (this includes all hardware and Software
COTS as well as developed for this project –
documentation and supplies that are designed,
developed, acquired, maintained or used, including
deliverable and non-deliverable items.).
6.1.3 The QA program shall ensure that procedures are
developed, implemented and maintained to adequately
control the design, development, production,
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purchasing, installation, inspection, testing,
configuration management and customer support of all
services and all products (both management products
and specialist products), in accordance with the
requirements of this Contract.
6.1.4 The Contractor shall include certificates of the same
nature for all major sub-contractors who are expected
to manufacture and deliver critical elements of the
system and show how the provisions of the
Prospective Contract regarding QA/QC will be
inserted in all subcontracts and enforced by the Prime
Contractor.
6.1.5 The QA program shall be described in detail in the
Quality Assurance Plan (QAP, Section 6 of the PIP).
6.1.6 The QAP shall clearly indicate the QA activities,
responsibilities, and controls for the Contractor and
any sub-Contractors
3.4.9 Section 7: Documentation
7.1 – 7.2.6.5 Bidders shall describe how they will comply
with the requirements laid out in section 7 of the SOW.
3.4.9.1 In this section the Bidder shall describe how he
proposes to comply with each of the documentation
requirements of Section 7 of the SOW
3.4.10 Section 8: Training
3.4.10.1 The Bidder shall provide a first, high level Project
Training Plan, as per section 8 and 5.1.1.3.4.1of the SoW
SOW8.1, 8.2 , 8.3, 8.4 Bidders shall show how they intend
to deliver training to Europe and In theatre locations with
differing courses for Maintainers and Users.
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SOW 5.1.1.3.4.1 The Contractor shall develop and maintain
the Training Plan (POI Document-III) that defines the
Training Enabling Objectives (EOs), teaching points,
methods, timings, schedule, resources and references, using
the template from Bi-SC Directive 75-7 Annex-J
3.4.11 Section 9: Testing and Acceptance
3.4.11.1 In this section, the Bidder shall outline their
approach to testing for the execution of the FAT, FAST and
PSA tests, in order to meet the requirements in section 9.3 the
SOW.
SOW 9.2.1.3 The Testing Approach shall comprise four test
sessions as follows:
(1) The Factory Acceptance Tests (FAT), at the
Contractor’s premises
(2) Site acceptance tests, as:
(a) First Article System Acceptance Tests
(FAST), at NCIA SD, for the first IMPAC
unit.
(b) Subsequent testing of all ten (10) units at
NCIA SDEL Sector Mons under
Provisional System Acceptance (PSA).
(c) Functional testing followed in theatre
(Depot 26)
3.4.11 Section 9: Testing and Acceptance
SOW 9.3 Testing Sequence
3.4.11.2 The Bidder shall provide a first, high level Project
Test and Acceptance Plan which describes his approach to
testing and addresses the conduct of tests described in 9.3, as
per section 9.5.1 of the SoW.
SOW 9.5 Test and Acceptance Plan
SOW 9.5.1 The Test and Acceptance Plan (TAP, Section 9
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3.4.11.3 The bidder shall have included evidence about their
past recent experience, as the prime contractor, in conducting
acceptance tests of similar type of systems.
of the PIP) shall comprise the following documents:
(1) The Project Test Plan (PTP, refer to §9.5.3.);
(2) Any submitted test waivers together with
supporting material (refer to §9.5.4.);
(3) The RTM, updated with test-related
information (refer to §9.5.5Error!
Reference source not found..);
(4) Any Off-specifications reports, if applicable
(refer to §9.9).
SOW 9.5.2 The Purchaser will review the Contractor’s TAP
for correctness, completeness, and acceptance
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Bidding Instructions, Annex C
ANNEX C – INSTRUCTIONS FOR BIDDING SHEETS
I.
See separate document.
1.
Bidders are required, in preparing their Price Quotation to utilise the Bidding Sheets
attached at Book II Part I “Schedule of Supplies and Services “hereto following the
instructions detailed on the next page.
2.
The prices entered on the Bidding Sheets shall reflect the total items required to meet
the contractual requirements.
3.
The total price shall be indicated in the appropriate columns and in the currency
quoted.
4.
The total price shall be the price of the basic contract and excluding the options
(CLINs 1. through 8).
5.
If the price of a line item is expressed in different currencies, these shall be identified,
and there shall be as many totals on that line item as there are currencies.
6.
In preparing the Price Quotation, Bidders shall ensure that the prices of the Sub-items
total the price of the major item of which they constitute a part. Pricing for lower
level items shall add to the total for the Sub-CLINs, and the Sub-CLIN totals shall add
to the CLIN total. The Purchaser in its favour may resolve ambiguous computation of
prices.
7.
The following example is offered as illustration:
(a) Project Management CLINs 1. 1 through 1. 6 shall add to the Total at CLIN 1.
8.
Prices shall not include any provision for taxes or duties for which the Purchaser is
exempt.
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Bidding Instructions, Annex C
II.
COMPLETING SECTION 2 (Pricing Summary Breakdown)
Bidders are instructed to prepare their cost proposals in sufficient detail to permit thorough
and complete evaluation. For each of the CLINs the Bidder has to use a separate Sheet, if
needed, adding additional sheets per Subcontractor per CLIN and/or if multiple currencies
are used. Change the currency in the header of the Sheets if necessary.
Reference to the appropriate SubClins is mandatory.
1. DIRECT MATERIAL
Insert equipment Item name(s)
A. Purchased Parts: Provide a consolidated priced summary of individual material
quantities included in the various tasks, orders, or contract line items being proposed and
include the basis for pricing (vendor quotes, invoice prices, etc.).
B. Subcontracted Items: Items procured through sub contracts as part of the proposed
solution. Please provide subcontractor quotes or invoices.
C. Other:
(1) Raw Material: Consists of material in a form or state that requires further processing.
Provide priced quantities of items required for the proposal. Show total cost.
(2) Standard Commercial Items: Consists of items that the Bidder normally fabricates, in
whole or in part, and that are generally stocked in inventory. Provide an appropriate
explanation of the basis for pricing on attached schedule.
2. MATERIAL OVERHEAD
This is the overhead charged to prices for material handling and/or other overhead
associated with material costs. This may or may not apply to your prices.
3. DIRECT LABOUR (including Sub contracted Labour)
Show the hourly rate and the total hours for the categories and disciplines of direct (or
subcontracted) labour proposed. Indicate whether actual rates or escalated rates are used. If
escalation is included, state the degree (per cent) and rationale used.
4. LABOUR OVERHEAD
This is labour overhead, if different overhead rates are applied, please specify the different
labour categories.
5. OTHER DIRECT COSTS
A.
Special Tooling/Equipment. Identify and support specific equipment and unit
prices. Use a separate schedule if necessary. This includes items that are either
manufactured or procured and considered as developmental (non-recurring) items
required validating the design. This could include unique to type testing equipment.
For software projects, this includes any special equipment required for software
testing purposes. Everything else is considered as Direct Material.
B.
Travel. Identify total cost for transportation and per diem rates. Provide number of
people travelling * number of trips, unit price of each identified trip.
C.
Individual Consultant Services. Identify and support the proposed contemplated
consulting. State the amount of services estimated to be required and the
consultant's quoted daily or hourly rate.
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Bidding Instructions, Annex C
D.
Other Costs. List all other direct charge costs not otherwise included in the
categories described above (e.g., services of specialized trades, computer services,
preservation, packaging and packing, leasing of equipment and provide bases for
pricing.
6. GENERAL AND ADMINISTRATIVE EXPENSE
This is the overhead charged for Sales, General and Administrative (SG&A) expenses or
General and Administrative (G&A) expenses.
7. FEE OR PROFIT
Enter the total of all proposed Fee or Profit.
8. OTHER FACTORS
This would be any other overhead factors applied to Bidders prices.
9.
GRAND TOTAL
This is the Bidders final Firm Fixed Price total for the identified CLIN and should in
essence match the price entered in the corresponding SSS in Section 1 of the bidding sheets.
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IFB-CO-13589-OPL- Book I- Annex D
INSERT COMPANY NAME HERE
INSERT SUBMISSION DATE HERE
INVITATION FOR BID
IFB-CO-13589-OPL
PROVISION OF IMPACs
Clarification Requests Form
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INSERT COMPANY NAME HERE
INSERT SUBMISSION DATE HERE
ADMINISTRATION or CONTRACTING
Serial
NR
IFB
REF
QUESTION
ANSWER
Status
A.1
A.2
A.3
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INSERT COMPANY NAME HERE
INSERT SUBMISSION DATE HERE
PRICE
Serial
NR
IFB
REF
QUESTION
ANSWER
Status
P.1
P.2
P.3
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TECHNICAL
Serial
NR
IFB
REF
QUESTION
ANSWER
Status
T.1
T.2
T.3
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MONETARY
Bidder to Insert: CURRENCY of
BID:
IMPAC Deployable kits SCHEDULE OF SUPPLIES AND SERVICES
CLIN
1
1.1
Description
Type (supplies or
service)
Format
SOW Reference
Service
n/a
Document/Portal
Post, including
Document/Portal
Post
Document/Portal
Post
Paper/
Electronic
Paper/
Electronic
Paper/
Electronic
Paper/
Electronic
SOW SECTION
3
SOW SECTION
3.3
SOW SECTION
3.4
SOW SECTION
3.5.1
SOW SECTION
5
IFB CO-13589-OPL
1st Delivery
or Start
Final Delivery
or Baseline
Delivery
Location
Unit of
Measure
Currently
authorised
QTY
* Optional
maximum
additional
QTY
EA
1
n/a
Total price
Project Management
Project Management
1.2
Project Implementation Plan (PIP)
1.3
Project Master Schedule (PMS)
1.4
Project Status Reports (PSR)
1.5
Integrated Logistics Support Plan
(ILSP)
1.6
Project Review Meetings
Document
Service
meeting
SOW SECTION
3.5.2.3
EDC
EDC + 29
weeks
0
EDC + 2
weeks
EDC + 3 weeks
NCI Agency Brussels
EA
1
n/a
0
n/a
EDC + 3 weeks
NCI Agency Brussels
EA
1
n/a
0
Monthly to FSA
NCI Agency Brussels
Set
1
n/a
EDC +8 weeks
NCI Agency Brussels
EA
1
n/a
Monthly to FSA
NCI Agency Brussels
Set
1
n/a
EDC + 4
weeks
EDC + 4
weeks
EDC + 4
weeks
TOTAL CLIN 1
2
Unit price
0
0
0
0
System Design
2.1
System Design Specification (SDS)
2.2
System Design Reviews
Document/Portal
Post
Paper/
Electronic
Service
Meeting
SOW SECTION
4.3.2
SOW SECTION
4.3.3
EDC + 4
weeks
EDC + 4
weeks
FAT
NCI Agency Brussels
EA
1
n/a
0
EDC + 6 weeks
NCI Agency Brussels
set
1
n/a
0
TOTAL CLIN 2
0
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CLIN
3
Description
Type (supplies or
service)
Format
Service
Labor
SOW Reference
1st Delivery
or Start
Final Delivery
or Baseline
Delivery
SOW SECTION
4.5
SOW SECTION
9.3.1
EDC + 6
weeks
EDC + 6
weeks
EDC + 12
weeks
EDC + 14
weeks
Location
Unit of
Measure
Currently
authorised
QTY
* Optional
maximum
additional
QTY
Contractor Factory
EA
1
n/a
0
Contractor Factory
EA
1
n/a
0
Unit price
Total price
Stage 1 Implementation (in
Factory and in NCI Agency Mons
BE/Brunssum)
3.1
10 IMPACs assembly
3.2
Factory Acceptance Test (FAT) and
report
Service/Document
Support
3.3
First Article System Test (FAST) ,
incl. Security Test and Evaluation
Service/Document
Support
SOW SECTION
9.3.2
EDC + 6
weeks
EDC + 17
weeks
NCI Agency Mons BE
EA
1
n/a
0
3.4
Provisional System Acceptance
(PSA) test and report
Service/Document
Support
SOW SECTION
9.3.3
EDC + 6
weeks
EDC + 19
weeks
NCI Agency Mons BE
EA
1
n/a
0
3.5
Perform Stage #1 Training (Europe)
Service
Support
SOW SECTION
4.5.2, 8
EDC + 6
weeks
EDC + 19
weeks
NCI Agency Brunssum
NL
Set
1
n/a
0
Service
Support
SOW SECTION
5.4
EDC + 6
weeks
EDC + 15
weeks
NCI Agency Brunssum
NL
Set
1
n/a
0
3.6
4
Transportation of Equipment to NCI
Agency Mons and to NCI Agency
Brunssum NL
TOTAL CLIN 3
0
Stage 2 Implementation (in ISAF)
4.1
End to End Functional Test
4.2
Perform Stage #2 Training (ISAF)
Document
Support
Service
Support
SOW SECTION
4.5.3
SOW SECTION
8
EDC + 22
weeks
EDC +22
Weeks
n/a
n/a
ISAF
EA
1
n/a
0
ISAF
Lot
1
1
0
TOTAL CLIN 4
5
5.1
0
Remaining 9
kits
EDC + 18
weeks
EDC + 18
weeks
SOW SECTION
4.4.3, 4.4.4
EDC + 16
weeks
n/a
SOW SECTION
4.4.5
SOW SECTION
4.4.6
EDC + 16
weeks
EDC + 16
weeks
EDC + 16
weeks
Supplies
IMPAC (without GPS and laptop)
Supplies
Equipment
Supplies
Supplies
Equipment
Supplies
5.1bis laptop
5.2
Integration of PFE, PFS
Service
Support
5.3
Integration of BGAN Terminals
Service
Support
5.4
Integration of WOS
Service
Support
Supplies
Paper/
Electronic
5.5
1st kit for
FAST
EDC + 16
weeks
EDC + 16
weeks
Product Baseline
Software License
SOW Annex A
n/a
n/a
EDC + 18
weeks
NCI Agency
Mons/Brunssum
NCI Agency
Mons/Brunssum
NCI Agency
Mons/Brunssum
NCI Agency
Mons/Brunssum
NCI Agency
Mons/Brunssum
NCI Agency
Mons/Brunssum
EA
10
10
0
EA
10
10
0
EA
1
n/a
0
EA
1
n/a
0
EA
1
n/a
0
EA
1
n/a
0
TOTAL CLIN 5
6
6.1
0
Documentation
Supplies
Documentation
Document/Portal
Post
Paper/
SOW SECTIONS
Electronic
5,6, 7 & 8
n/a
EDC + 15
weeks
NCI Agency Brunssum
NL/ NCIA portal
TOTAL CLIN 6
EA
1
n/a
0
0
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Book I, Bidding Sheets
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CLIN
7
7.1
8
8.1
8.2
Description
Stage 3 Implementation
Perform Final System Acceptance
(FSA)
TOTAL CLIN 7
Support
Provision of CM, Training, Support
and Maintenance
Warranty (1 year)
Type (supplies or
service)
Format
SOW Reference
1st Delivery
or Start
Final Delivery
or Baseline
Delivery
Location
Unit of
Measure
Currently
authorised
QTY
* Optional
maximum
additional
QTY
Service
Meeting/
Service
SOW SECTION
9.4
n/a
EDC +28
Weeks
NCI Agency Brussels
BE
set
1
n/a
Unit price
Total price
0
0
Supplies
Service
n/a
Service
n/a
SOW
SECTION 5, 8
SOW
SECTION 5
PSA
FSA
NCI Agency/ISAF
EA
1
n/a
0
FSA
FSA + 1 year
NCI Agency/ISAF
EA
1
n/a
0
TOTAL CLIN 8
0
GRAND TOTAL FIRM FIXED PRICE (CLINS (1-8)
O
Non Evaluated Options
O1
Civilian GPS
Supplies
Equipment
O2
Spares Pack
Service
Equipment
O3
Warranty (2nd year)
Service
n/a
O4
Warranty (3rd year)
Service
n/a
0
SOW
Appendix A
SOW
Appendix A
SOW
SECTION 5
SOW
SECTION 5
EDC + 16
weeks
EDC + 22
weeks
EDC + 18
weeks
FSA + 24/36
months
NCI Agency
Mons/Brunssum
NCI Agency Brunssum
NL
FSA+1year
FSA + 2 years
FSA+2years
FSA + 3 years
EA
0
20
0
1 Year EA
0
2
0
NCI Agency/ISAF
EA
0
1
0
NCI Agency/ISAF
EA
0
1
0
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BIDDER PRICING SUMMARY BREAKDOWN : CLIN x (identify here the CLIN)
DETAILED DESCRIPTION OF COST ELEMENTS
1. DIRECT MATERIAL
QUANTITY
UNIT COST
SUM COST
A. PURCHASED PARTS
B. SUBCONTRACTED ITEMS
C. OTHER- (1) Raw Material
(2) Standard Commercial Items
(COTS)
TOTAL DIRECT MATERIAL
2. MATERIAL OVERHEAD (RATE
% X TOTAL COST
BASE)
3. DIRECT LABOR (indicate
labour categories)
TOTAL DIRECT LABOR
4. LABOR OVERHEAD
O.H. RATE
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Currency :
TOTAL COST
REFERENCE (SubCLIN)
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TOTAL LABOR OVERHEAD
5. OTHER DIRECT COSTS
A. SPECIAL
EQUIPMENT/CFE/NFE
B. TRAVEL
(1) TRANSPORTATION
(2) PER DIEM
C. CONSULTANTS OTHER
SERVICES
D. OTHER
TOTAL DIRECT COST &
OVERHEAD
6. GENERAL & ADMINISTRATIVE
(G&A) (RATE % X TOTAL COST
BASE)
7. TOTAL ESTIMATED FEE/
PROFIT %
8. OTHER FACTORS
9. GRAND TOTAL ( equal to
total of corresponding CLIN in
section 1)
NOTES:
Please indicate pricing details for those categories specified as "Other" including "Other Factors."
Additional spread sheets may be used for specific details.
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PROVISION OF IMPACs
BOOK II - PART II
CONTRACT SPECIAL PROVISIONS
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PART II
CONTRACT SPECIAL PROVISIONS - INDEX OF CLAUSES
1.
ORDER OF PRECEDENCE ..................................................................... 4
2.
TYPE OF CONTRACT ............................................................................. 5
3.
SCOPE OF WORK PROVIDE IMPAC ..................................................... 5
4.
PARTICIPATING COUNTRIES ................................................................ 5
5.
PRICE ....................................................................................................... 5
6.
TRAVEL & PER DIEM ............................................................................. 6
7.
TRANSPORTATION OF EQUIPMENT .................................................... 6
8.
PRICING OF CHANGES, MODIFICATIONS, FOLLOW-ON
CONTRACTS AND CLAIMS .................................................................... 6
9.
INVOICES AND PAYMENT ..................................................................... 6
10. LIQUIDATED DAMAGES......................................................................... 9
11. SUPPLEMENTAL AGREEMENT(S), DOCUMENTS AND
PERMISSIONS ....................................................................................... 10
12. APPLICABLE REGULATIONS .............................................................. 10
13. RIGHTS IN TECHNICAL DATA ............................................................. 11
14. SECURITY.............................................................................................. 11
15. INDEPENDENT CONTRACTOR............................................................ 11
16. NON DISCLOSURE AGREEMENT ....................................................... 12
17. INSURANCES ........................................................................................ 12
18. CARE AND DILIGENCE OF PROPERTY .............................................. 12
19. RESPONSIBILITY OF THE CONTRACTOR TO INFORM EMPLOYEES
OF WORK ENVIRONMENT ................................................................... 13
20. CONTRACTOR PERFORMANCE IN OPERATIONAL AREA –
AFGHANISTAN ...................................................................................... 14
21. MESSING, LODGING, WATER AND LAUNDRY SERVICES IN
AFGHANISTAN ...................................................................................... 16
22. COMPREHENSION OF CONTRACT AND SPECIFICATIONS ............. 18
23. OPTIONS................................................................................................ 18
24. CONTRACT ADMINISTRATION............................................................ 19
25. TECHNICAL DIRECTION ...................................................................... 21
26. PURCHASER FURNISHED PROPERTY AND SERVICES ................... 21
27. WARRANTY ........................................................................................... 22
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1.
1.1.
ORDER OF PRECEDENCE
In the event of any inconsistency in this Contract, the inconsistency
shall be resolved by giving precedence in the following order:
(a)
The Signature Page
(b)
The Schedule of Supplies and Services, Part I
(c)
The Contract Special Provisions, Part II
(d)
The Contract General Provisions, Part III
(f)
The Statement of Work, Part IV and Annexes thereto
(h)
The Contractor’s Proposal
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2.
2.1.
3.
TYPE OF CONTRACT
This is a Firm Fixed Price Contract.
SCOPE OF WORK PROVIDE IMPAC
The scope of this contract is to provide services and supplies to
design, integrate, test, implement, and provide Contractor Logistics
Support for ten (10) IMPACs (ISAF Man Portable Afghan Mission
Network Capability). The IMPACs shall be implemented as highly
portable CIS assets that can access the Afghan Mission Network
(AMN) in ISAF. The IMPACs are to be integrated by the Contractor, at
the factory, tested and integrated in the current AMN network, first at
the Purchaser’s in-garrison facilities (Mons in Belgium, and Brunssum
in The Netherlands), and in theatre (Depot 26 in Kabul, Afghanistan)
as per Book II, Part IV - Statement of Work.
4.
PARTICIPATING COUNTRIES
4.1.
The following NATO member nations have agreed to fund this
acquisition effort: (in alphabetical order): ALBANIA, BELGIUM,
BULGARIA, CANADA, CROATIA, THE CZECH REPUBLIC,
DENMARK, ESTONIA, FRANCE, GERMANY, GREECE, HUNGARY,
ICELAND, ITALY, LATVIA, LITHUANIA, LUXEMBOURG, THE
NETHERLANDS, NORWAY, POLAND, PORTUGAL, ROMANIA,
SLOVENIA, SLOVAKIA, SPAIN, TURKEY, THE UNITED KINGDOM
and THE UNITED STATES.
4.2.
The Contractor may issue sub-contracts to firms and purchase from
qualified vendors in any NATO member country and in Afghanistan.
None of the work, including project design, labour and services, shall
be performed other than by firms from and within participating countries
and Afghanistan.
4.3.
No material or items of equipment down to and including identifiable
sub-assemblies shall be manufactured or assembled by a firm other
than from and within a participating country.
4.4.
The intellectual property rights to all designed documentation and
system operating software shall reside in NATO member countries, and
no license fees, or royalty charges shall be paid by the Contractor to
firms, individuals or governments other than within the NATO member
community.
5.
5.1.
PRICE
Firm Fixed Price
Firm Fixed Prices are established for the items defined in Part I Schedule of Supplies and Services. The Firm Fixed Prices include all
expenses. The Purchaser assumes no liability for cost incurred by the
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Contractor in excess of the stated Firm Fixed Prices except as
provided under other provisions of this Contract.
5.2.
Option Price
The optional prices given in the Part I - Schedule of Supplies and
Services, are fixed for the duration of the contract.
6.
6.1.
7.
7.1.
8.
TRAVEL & PER DIEM
All travel and per diem costs are included in the Firm Fixed Prices,
together with cost of lodging and subsistence costs for all individuals.
TRANSPORTATION OF EQUIPMENT
All supplies covered under this Contract, including Purchaser
Furnished Equipment (PFE) and items shipped under warranty for
repair or otherwise, shall be transported to and from all destinations at
the responsibility of the Contractor. The Purchaser shall not be liable
for any storage, damage, accessorial or any other charges involved in
such transporting of supplies.
PRICING OF CHANGES, MODIFICATIONS, FOLLOW-ON
CONTRACTS AND CLAIMS
8.1.
The Purchaser may at any time, by written order designated or
indicated to be a change order, and without notice to the sureties, if
any, make changes within the scope of any Contract or Task Order, in
accordance with Clause 16 – “Changes” of the Contract General
Provisions.
8.2.
Changes, modifications, follow-on contracts of any nature, and claims
shall be priced in accordance with Clause 19 – “Pricing of Changes,
Amendments and Claims” of the Contract General Provisions, and with
the "Purchaser's Pricing Principles" as set out in the Annex to the
Contract General Provisions.
8.3.
Except otherwise provided for in this contract, prices quoted for the
above-mentioned changes, modifications, etc shall have a minimum
validity period of six (6) months from submission.
9.
INVOICES AND PAYMENT
9.1.
Following Purchaser acceptance, in writing, payment for supplies and
services furnished shall be made in the currency specified for the
relevant portion of the Contract.
9.2.
The term of the contract may not be exceeded without prior approval of
the Purchaser. In no case will the Purchaser make payment above the
total of the corresponding CLINs.
9.3.
No payment shall be made with respect to undelivered supplies; works
not performed, services not rendered and/or incorrectly submitted
invoices.
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No payment will be made for additional items delivered that are not
specified in the contractual document.
9.5.
The invoice amount is exclusive of VAT and exclusive of all Taxes and
Duties in accordance with Clause 26 - “Taxes and Duties” of the
Contract General Provisions.
9.6.
The Purchaser shall not bear any liability related to financial
guarantees, which the Contractor is required to provide under this
Contract.
9.7.
The Purchaser is released from paying any interest resulting from any
reason whatsoever.
9.8.
The Contractor shall render all invoices in a manner, which shall
provide a clear reference to the Contract. Invoices in respect of any
service and/or deliverable shall be prepared and submitted as specified
hereafter and shall contain: Contract number, Purchase Order number,
Contract Amendment number (if any) and the Contract Line Item(s)
(CLIN) as they are defined in the priced Schedule of Supplies and
Services.
9.9.
The invoice shall contain the following certificate:
“I certify that the above invoice is true and correct, that the delivery of
the above described items has been duly effected and/or that the
above mentioned services have been rendered and the payment
therefore has not been received.”
The certificate shall be signed by a duly authorised company official
on the designated original.
9.10. Invoices shall be submitted to:
NCI AGENCY Financial Management Resource Centre (FMRC)
Boulevard Léopold III
B-1110 Brussels
Belgium
9.11. NCI AGENCY will make payment within 60 days of receipt by NCI
AGENCY of a properly prepared and documented invoice.
9.12. The Contractor shall be entitled to submit invoices after each Milestone
has been reached and approved. The following payment shall be made
after delivery of below milestones:
-
Project Management:
50% of value of CLIN 1 after delivery
of first version of ILSP, remaining 50% after FSA.
System design :
90% of value of CLIN 2
Stage 1 :
90% of value of CLIN 3
Stage 2 :
90% of value of CLIN 4
Product Baseline :
90% of value of CLIN 5
Documentation:
90% of value of CLIN 6
Stage 3 (FSA):
100% of value of CLIN 7
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Support:
-
Warranty:
50% of value of CLIN 8.1 after PSA
50% of value of CLIN 8.1 after FSA
100% of value of CLIN 8.2 after FSA
The above withheld % amount will be released together with the
payment related to the invoice of FSA after successful completion of
CLIN 7.
9.13. If options (additional quantities of CLIN 4.2, 5.1, 5.1bis or CLINs O1 to
O4 are exercised, the Contractor shall invoice upon written acceptance
of the item(s) from the Purchaser, for the amount of the applicable
item(s) delivered or performed at the price set forth in the Schedule of
Supplies and Services for that item.
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10. LIQUIDATED DAMAGES
1.1 If the Contractor fails to:
(a)
meet the delivery schedule of the deliverables or any
specified major performance milestones specified in the
Schedule of Supplies and Services, or any agreed extension
thereof, or
(b)
deliver and obtain acceptance of the deliverables or to
acceptably perform the services within the time specified in
the Schedule of Supplies and Services, or any agreed
extension thereof,
the actual damage to the Purchaser for the delay will be difficult or
impossible to determine. Therefore, in lieu of actual damages the
Contractor shall pay to the Purchaser liquidated damages of one per
cent (1%) of the value of the associated payment set forth in the
schedule of payments provided in the Contract Special Provisions for
each week of delinquency in achieving the milestone. These
liquidated damages shall begin to accrue on the first working day after
the date on which the delivery/performance was to have been
reached.
10.2. The total accumulated amount of liquidated damages which may be
assessed under the above paragraph shall not exceed (10) ten per
cent of the total Firm Fixed Price concerned.
10.3. In addition, the Purchaser may terminate this Contract in whole or in
part, as provided under Clause 38 – “Termination for Default” of the
Contract General Provisions and in that event the Contractor shall be
liable to pay the excess costs provided in the said Clause.
10.4. The Contractor shall not be charged with liquidated damages when the
delay arises out of causes beyond the control and without the fault or
negligence of the Contractor as defined under Clause 38 –
“Termination for Default” of the Contract General Provisions. In such
event the Purchaser shall ascertain the facts and extent of the delay
and shall extend the time for performance of the Contract when in his
judgement the findings of fact justify an extension.
10.5. The amount of Liquidated Damages due by the Contractor shall be
recovered by the Purchaser in the following order of priority:
(a)
By deducting such damages from the amounts due to the
Contractor against the Contractor's invoices.
(b)
By proceeding against any surety.
(c)
By reclaiming such damages through appropriate legal
remedies.
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11. SUPPLEMENTAL AGREEMENT(S), DOCUMENTS AND
PERMISSIONS
11.1. The Contractor has submitted all relevant draft supplemental
agreement(s), documents and permissions prior to contract award, the
execution of which by the Purchaser is/are required by national law or
regulation. If any supplemental agreements, documents and
permissions are introduced after contract award, and it is determined
that the Contractor failed to disclose the requirement for the execution
of such agreement from the Purchaser prior to contract signature, the
Purchaser may terminate this contract for Default, in accordance with
Clause 38 – “Termination for Default” of the Contract General
Provisions.
11.2. Supplemental agreement(s), documents and permissions, the
execution of which by the Purchaser is/are required by national law or
regulation and that have been identified by the Contractor prior to the
signature of this contract, but have not yet been finalised and issued by
the appropriate governmental authority, are subject to review by the
Purchaser.
If such supplemental agreement(s), documents and
permissions are contrary to cardinal conditions of the signed contract
between the Parties, and the Parties and the appropriate governmental
authority cannot reach a mutual satisfactory resolution of the
contradictions, the Purchaser reserves the right to terminate this
contract and the Parties agree that in such case the Parties mutually
release each other from claim for damages and costs of any kind, and
any payments received by the Contractor from the Purchaser will be
refunded to the Purchaser by the Contractor.
12. APPLICABLE REGULATIONS
12.1. The Contractor shall be responsible for obtaining permits or licences to
comply with national codes, laws and regulations or local rules and
practices of the country of installation with the respect of any works
carried out at the designated installation sites stated under this
Contract.
12.2. The Contractor shall take any necessary measure to protect the life
and health of persons working or visiting the work area occupied by
him.
These measures include compliance with the country of
installation’s safety provisions.
12.3. In the performance of all work under this Contract, it shall be the
Contractor's responsibility to ascertain and comply with all applicable
NATO security regulations as implemented by the local Headquarters'
security Officer.
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13. RIGHTS IN TECHNICAL DATA
13.1. Subject to the rights of third parties and to existing rights of “Company”
arising otherwise than by virtue of the Order, and with due regard to
national security regulation all rights in the results of work undertaken
by or on behalf of the Purchaser for the purposes of the Order,
including any technical data specification, report drawing, computer
software data,. computer programmes, computer databases, computer
software documentation including software documentation, design
data, specification, instructions, test procedures, training material
produced or acquired in the course of such work and in particular all
rights including copyright therein, shall vest in and shall be the sole and
exclusive property of the Purchaser.
14. SECURITY
14.1. The security classification of this contract is NATO UNCLASSIFIED,
Releasable to ISAF.
14.2. In the performance of all works under this contract it shall be the
Contractor’s responsibility to ascertain and comply with all applicable
NATO security regulations as implemented by the Purchaser and by
the local sites.
14.3. Contractor and /or Subcontractor personnel employed under this
contract that will require access to locations, such as sites and
headquarters, where classified material and information up to and
including “NATO SECRET” are handled shall be required to have
NATO security clearance up to this level. It shall be the Contractor’s
responsibility to obtain the necessary clearances and to have such
clearances confirmed to the Purchaser by the relevant national security
authority for the duration of the contract in its entirety.
14.4. Failure to obtain or maintain the required level of security for Contractor
personnel for the period of performance of this contract shall not be
grounds for any delay in the scheduled performance of this Contract
and may be grounds for termination under Clause 38 – “Termination for
Default” of the Contract General Provisions.
14.5. All NATO CLASSIFIED material entrusted to the Contractor shall be
handled and safeguarded in accordance with the applicable security
regulations.
14.6. The Contractor shall note that there are restrictions regarding the
carriage and use of electronic device (e.g. laptops) in Purchaser
secured locations. The Contractor shall be responsible for satisfying
and obtaining from the appropriate site authorities the necessary
clearance to bring any such equipment into the facility.
15. INDEPENDENT CONTRACTOR
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15.1. The Personnel provided by the Contractor are at all times employees of
the Contractor and not the Purchaser. In no case shall Contractor
personnel act on behalf of or as an agent for NATO or any of its bodies.
In no way shall the Contractor personnel claim directly or indirectly to
represent NATO in an official capacity or claim themselves to be NATO
employees.
15.2. The Purchaser shall not be responsible for securing work permits,
lodging, leases nor tax declarations, driving permits, etc., with national
or local authorities. Contractors personnel employed under this
Contract are not eligible for any diplomatic privileges or for NATO
employee benefits.
16. NON DISCLOSURE AGREEMENT
16.1. All Contractor and sub-Contractor personnel working at any NATO
Organisation / Commands premises or having access to NATO
classified / commercial-in-confidence information must certify and sign
the Declaration attached hereto at Annex A and provide it to the NCI
AGENCY Contracting Officer prior to the commencement of any
performance under this Contract.
17. INSURANCES
17.1. The Contractor is responsible for providing the necessary insurances
for his personnel and the equipment as needed in the area of
operations and for performing the Contract.
18. CARE AND DILIGENCE OF PROPERTY
18.1. The Contractor shall use reasonable care to avoid damaging buildings,
walls, equipment, and vegetation (such as trees, shrub and grass) on
the work site.
18.2. If the Contractor damages any such buildings, walls, equipment or
vegetation on the work site, he shall fix or replace the damage as
directed by the Purchaser and at no expense to the Purchaser. If he
fails or refuses to make such repair or replacement, the Contractor
shall be liable for the cost thereof, which may be deducted from the
Contract price.
18.3. The Purchaser will exercise due care and diligence for the Contractor’s
furnished equipment and materials on site. The Purchaser will,
however, not assume any liability except for gross negligence and wilful
misconduct on the part of the Purchaser’s personnel or agents.
18.4. The Contractor shall, at all times, keep the site area, including storage
areas used by the Contractor, free from accumulations of waste. On
completion of all work the Contractor is to leave the site area and its
surroundings in a clean and neat condition.
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19. RESPONSIBILITY OF THE CONTRACTOR TO INFORM EMPLOYEES
OF WORK ENVIRONMENT
19.1. The Contractor shall inform his employees under this Contract of the
terms of the Contract and the conditions of the working environment.
19.2. Specifically, personnel shall be made aware of all risks associated with
the performance under this Contract, the conditions of site in which the
performance is to take place and living conditions while performing
within the boundaries of the Contract. The selection of adequate
personnel shall remain sole responsibility of the Contractor.
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20. CONTRACTOR PERFORMANCE IN OPERATIONAL AREA –
AFGHANISTAN
20.1. The Contractor shall ensure that all Contractor’s and sub-Contractor’s
personnel are aware of the travel arrangements for personnel going
into Afghanistan and the personnel protection requirements whilst in
theatre as set out in the following paragraphs.
20.2. Coordination of travel to and from Afghanistan, including booking seats
on commercial aircraft, luggage arrangements and timing shall be the
Contractor’s responsibility, the cost of which shall be included in the
firm fixed price of this Contract.
20.3. All travel of Contractor personnel to Afghanistan shall be fully
coordinated with the Purchaser, a minimum of 3 weeks in advance.
While deployed in Afghanistan all Contractor personnel shall hand
carry the following documents:
(a)
Valid NATO Security Clearance (to be arranged by the
Contractor through their national authorities)
(b)
Letter of Assignment to ISAF (to be requested from the
Purchaser)
(c)
NATO Travel Order (to be requested from the Purchaser)
(d)
Valid Passport
(e)
Valid VISA for Afghanistan, (to be arranged by the Contractor)
(f)
The ISAF Military Technical Agreement (provided by the
Purchaser)
20.4. All movement in theatre will be in military provided transport provided
by the Purchaser and in accordance with the current force protection
measures specified by HQ ISAF, commensurate with the threat level.
20.5. All intra theatre travel shall be arranged through the NCI AGENCY field
office in Kabul, and approved by the local NATO POC or other
authorized personnel under military jurisdiction.
20.6. To facilitate the booking of personnel, the following information will be
required in advance of transportation:
(a)
Full name of the person to be employed ‘on-site’
(b)
Gender (for billeting purposes)
(c)
Passport number and nationality
(d)
Emergency contact information (full name, telephone number,
address)
(e)
Blood type
20.7. Availability of military transport can be limited depending on operational
priorities. The Contractor shall be responsible for flexible re-tasking of
personnel in case transport to specific locations is not available.
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20.8. All Purchaser caused travel delays shall be reported back to the field
office not later then 5 days after occurrence, and include:
(a)
date and location when the delay occurred
(b)
type of transport which was delayed
(c)
reason for the delay
(d)
Contractor staff involved
(e)
alternative travel routes or activities to be performed which
where investigated
(f)
alternative activities actually performed
20.9. A travel delay is defined as a delay of more than 24 hours on the
planned travel itinerary.
20.10. The Contractor shall make all attempts to provide the minimum number
of personnel in theatre that is required to perform their required tasks.
20.11. The Contractor shall be responsible for ensuring that the Contractor’s
personnel, including sub-Contractor’s personnel, are suitably briefed,
protected, insured, and medically fit to work under this contract in line
with the ISAF Security Standard Operation Procedures (SOP). As a
minimum, the following must be accomplished:
(a)
All ‘on-site’ personnel shall be in possession of ballistic flak
jackets/body armour and helmets.
(b)
All ‘on-site’ personnel shall have adequate medical and
indemnity insurance.
(c)
All ‘on-site’ personnel shall have completed all national
medical formalities required by the nation of which they are a
citizen prior to departure and hold current medical certificates.
(d)
For reasons of safety, security, communications and access
all Contractor personnel shall attend the security briefing
provided in theatre upon arrival.
20.12. The Contractor’s personnel shall be prohibited from carrying weapons
in theatre.
20.13. Unless otherwise authorized by the Purchaser, all ‘on-site’ personnel
shall have the appropriate NATO Secret security clearances to be
unescorted on the NATO Compounds.
20.14. Contractor personnel will be issued a regular ISAF ID card, which will
show their status as a NATO Contractor. With their NATO Secret
security clearance they will also be issued an ID card for Class 1
Security areas, if required.
20.15. NATO reserves the right to refuse access to its facilities in which case
the Contractor shall provide alternative qualified acceptable personnel.
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20.16. Office space will be provided by NATO whenever available. The
Contractor should note that at most sites office space is at a premium
and the Contractor should expect to work in austere conditions.
Dedicated office space is highly unlikely at the majority of the sites.
“Office space” under this Clause does not include the shelters and
containers required to house the Contractor’s equipment.
20.17. Medical care can only be provided by ISAF to Contractor personnel in
the case of life/limb threatening situations. Emergency medical
evacuation from the ISAF theatre is a Contractor responsibility. While
in theatre the Contractor’s personnel must follow all security/safety
regulations and instructions issued by NATO authorities.
21. MESSING, LODGING, WATER AND LAUNDRY SERVICES IN
AFGHANISTAN
21.1. All accommodations and life support in Afghanistan shall be the
Contractor’s responsibility, the cost of which shall be included in the
firm fixed price of this Contract. The following paragraphs are intended
only to be an indicator of potential accommodation and life support
costs.
21.2. KAIA, KABUL
Messing, lodging, water, cleaning, ablution, power, sewage, waste
disposal and laundry services will be available for Contractor
personnel working at KAIA under this Contract. The cost of the
aforementioned services, which shall be borne by the Contractor
personnel, is recorded and calculated for each individual. The
estimated monthly rate is approximately €1,500 per person (=
approximately €50 per day).
21.3. HQ ISAF, KABUL
Messing, lodging, water, cleaning, ablution, power, sewage, waste
disposal and laundry services will be available for Contractor
personnel working at HQ ISAF under this contract. The cost of the
aforementioned services, which shall be borne by the Contractor
personnel, is recorded and calculated for each individual. The
estimated monthly rate is approximately €1,500 per person (= approx.
€50 per day).
21.4. KAF, KANDAHAR
Messing, lodging, water and laundry services are available for
Contractor personnel working under this Contract at KAF. The cost of
the aforementioned services shall be borne by the Contractor
personnel. Contractor personnel can purchase a card from Supreme
Services at KAF to cover messing, water, ablutions, and utilities.
Laundry services can be accessed in several self-help facilities, or a
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long term Contract can be set up with the current Contractor at KAF.
Typical daily rates are as follows:
Messing: €45 per day. Weekly and monthly discounts are available.
Prices vary.
Water: Bottled water is available through the meal card programme
described above. Additional bottled water can be purchased for
approx. €1 per bottle.
Laundry: The current Contract for laundry is drawn up on a per bag
cost. The approximate cost is €10 per bag. 1-2 bags per week are
usually sufficient depending on personal clothes washing habits.
Lodging: If Contractor personnel stay at the NATO run facility (Hotel
Kalifornia), the rate per individual per night is $50.00. Contractor
personnel shall obtain a non-cash receipt from the operating staff
upon departure stating the number of nights lodging and signed by
both the Contractor personnel and the operating staff. The receipt
shall state the Contract Number (CO-13589-OPL). The Contractor
shall submit all lodging receipts with the invoice submitted for Final
System Acceptance (Payment Milestone CLIN 7). The Purchaser will
deduct the total amount of lodging charges from the payment
associated with this milestone.
The above stated costs are intended as guidance to assist the
Contractor in assessing the cost of living for its personnel in theatre in
Afghanistan only. It is the Contractor’s responsibility to confirm that the
costs as stated in 21.1 thru 21.3 above are correct. The Purchaser
does not bear any responsibility whatsoever for any
increase/decrease of the above stated costs
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22. COMPREHENSION OF CONTRACT AND SPECIFICATIONS
22.1. The Contractor warrants that he has read, understood and agreed to
each and all terms, clauses, specifications (including drawings) and
conditions specified in the contract and that this signature of the
contract is an acceptance, without reservations, of the said contract
terms within their normal and common meaning.
22.2. The specifications set forth the performance requirements for the
Contractor’s proposed work as called for under this contract.
Accordingly, notwithstanding any conflict or inconsistency which
hereafter may be found between achievement of the aforesaid
performance requirements and adherence to the Contractor’s proposed
design for the work, the Contractor hereby warrants that the work to be
delivered will meet or exceed the performance requirements of the said
specifications.
22.3. The Contractor hereby acknowledges that he has no right to assert
against the Purchaser, its officers, agents or employees, any claims or
demands with respect to the aforesaid specifications as are in effect on
the date of award of this contract
(a)
based upon impossibility of performance, defective,
inaccurate, impracticable, insufficient or invalid specifications,
implied warranties of suitability of such specifications, or
(b)
otherwise derived from the aforesaid specifications, and
hereby waives any claims or demands so based or derived as
might otherwise arise.
22.4. Notwithstanding the “Changes” Clause or any other Clause of the
Contract, the Contractor hereby agrees that no changes to the
aforesaid specifications which may be necessary to permit
achievement of the performance requirements specified herein for the
Contractor’s proposed work shall entitle the Contractor either to any
increase in the fixed price as set forth in this contract or to any
extension of the delivery times for the work beyond the period of
performance in the Schedule of Supplies and Services.
23. OPTIONS
23.1. The Purchaser shall have the right to place on Contract the provision of
“Options” in Part I - Schedule of Supplies and Services for the duration
of the Contract. These options are additional quantities for CLIN 4.2 (1
extra training), CLIN 5.1 (10 extra IMPACs), CLIN 5.1bis (10 extra
laptops) and CLINs O1 to O4. If the Purchaser exercises such options,
the Contractor shall deliver such specified quantities of additional or
supplies and services at such times and to such destinations as
specified in the Contract.
23.2. Prices for all optional line items shall have a validity period until 12
months after Final System Acceptance and can be exercised within
that timeframe.
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23.3. The Contractor understands that there is no obligation under this
Contract for NCI AGENCY to exercise any of the optional line items
and that NCI AGENCY bears no liability should it decide not to exercise
the options (totally or partially). Further, NCI AGENCY reserves the
right to order another Contractor (or the same), to perform the tasks
described in the optional line items of the current contract through a
new contract with other conditions.
23.4. In addition to the optional quantities mentioned in 23.1 above, the
Purchaser may increase the quantity of supplies and set forth in any
line item of Part I - Schedule of Supplies and Services. The Contractor
will use all reasonable endeavours to maintain the prices specified
therein. Changes to these prices shall be accompanied with
documentation and explanation of the change. If this Option is
exercised, delivery of the added items shall be to the same destination
as specified in the basic contract; unless otherwise specified on the
written notice. If the contract provides for multiple destinations, the
Purchaser will specify to which destination(s) the additional quantities
are to be shipped. If the Purchaser specifies a destination that is not
part of the basic contract requirements, the Parties will agree to an
equitable adjustment as may be required to reflect any additional costs
incurred by the Contractor in making such delivery.
23.5. The options shall be exercised by written amendment to the contract.
24. CONTRACT ADMINISTRATION
24.1. The Purchaser is the NCI AGENCY. The NCI AGENCY is the Point of
Contact for all Contractual and Technical issues. The Contractor shall
accept Contract modifications only in writing from the NCI AGENCY
Contracting Authority.
24.2. All notices and communications between the Contractor and the
Purchaser shall be written and conducted in English. Contract
modifications only become valid when received in writing from the
General Manager, NCI AGENCY, and his authorised representative.
24.3. Formal letters and communications shall be personally delivered or
sent by mail, registered mail, courier or other delivery service, to the
official points of contact quoted in this Contract. Telefax or other
electronic means may be used to provide an advance copy of a formal
letter or notice which shall subsequently be delivered through the
formal communications means.
24.4. Informal notices and informal communications may be exchanged by
any other communications means including telephone and e-mail.
24.5. All notices and communications shall be effective upon receipt.
24.6. Official points of contact are:
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Contractual issues:
NCI Agency
ACQ/ASG
Boulevard Léopold III
B-1110 Brussels
Belgium
POC:
Tel:
Fax:
Email:
Martin Steenwege
+32 2 707 8335
+32 2 707 8770
[email protected]
Contractual issues:
Company Name
Address
POC:
Tel:
GSM:
Fax:
Email:
PURCHASER
Technical issues:
NCI Agency
DOP/CAT9
Boulevard Léopold III
B-1110 Brussels
Belgium
POC:
Tel:
Fax:
E-mail:
Adrian Johnson
+ 32 2 707 8281
+ 32 2 707 8770
[email protected]
CONTRACTOR
Technical issues:
Company Name
Address
POC:
Tel:
GSM:
Fax:
E-mail:
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25. TECHNICAL DIRECTION
25.1. The Contract will be administered by the Purchaser in accordance with
the Clause 24 of these Contract Special Provisions entitled “Contract
Administration”.
25.2. The individuals working on this Contract shall perform the effort within
the general scope of work identified in the Contract Book II Part IV Statement of Work (SOW). This effort will be directed on a more
detailed level by the Purchaser’s Project Manager who will provide
detailed tasking and instruction on how to proceed.
25.3. The Purchaser reserves his right to assign a Technical Representative
who will provide the Contractor personnel with instruction and
guidance, within the general scope of work, in performance of their
duties and working schedule.
25.4. Neither the Purchaser’s Project Manager as identified in Clause 24 of
these Contract Special Provisions, nor any Technical Representative
has the authority to change the terms and conditions of the Contract. If
the Contractor has reason to believe that the Project
Manager/Technical Representative is requesting effort on terms
inconsistent with that in the scope of the Contract, the Contractor shall
immediately inform the Purchaser’s Contracting Authority for
confirmation of the actions. Failure to obtain confirmation that the
action of the Project Manager is under the authority of the Contract
shall render any subsequent claim null and void.
25.5. Upon receipt of such notification above, the Purchaser’s Contracting
Authority will
(a)
confirm the effort requested is within scope, or
(b)
confirm that the instructions received constitute a change and
request a quotation for a modification of scope and/or price, or
(c)
rescind the instructions.
26. PURCHASER FURNISHED PROPERTY AND SERVICES
26.1. The Purchaser will provide the Contractor with the following
property and services for the performance of the contract:
Office space and office tools as strictly necessary for the
performance to be rendered at the sites specified in the Statement
of Work.
Power supply and grounding system required for installation work
in accordance with the limitations and availability at the sites
subject of the performance.
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HVAC (heating, ventilating, and air conditioning) in accordance with
the limitations and availability at the sites subject of the
performance.
Access to sample existing databases and other data export formats
to support the development of representative data for purposes of
development, testing, and training.
Security settings for servers, workstations, and wide area network
connections.
Other software and material as listed in the Statement Of Work.
27. WARRANTY
27.1. The minimum period of warranty for the items specified in the Schedule
of Supplies and Services (SSS) shall be one year (1) with the option
to procure an additional two (2) years.
27.2. In addition to the provisions set out in Part IV, the Statement of Work,
the Contractor shall provide details of the focal point(s) of contact for all
warranty issues together with detailed procedures describing the
process to be followed at the time the warranty right is exercised
27.3. All warranties shall be subject to NATO Terms and Conditions
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ANNEX A: DECLARATION
We, the undersigned........(Company) duly represented by ..... (hereinafter
“Contractor”) do hereby certify that we shall ensure that the following conditions
be accepted and observed by all (Contractor) employees working under CO-13589OPL
Date
Full name (in block capitals)
Signature
=====================================
To be signed by the Contractor’s Employees working in the NATO's premises
upon commencement of their WORK.
I UNDERSTAND:
That I must preserve the security of all classified /commercial-in-confidence
information which comes to my knowledge as a result of this contract with
NATO and that I undertake to comply with all relevant security regulations.
That I must not divulge to any unauthorised person, even within my own company,
any classified/commercial-in confidence information gained by me as a result of
my contract with NATO, unless prior permission for such disclosure has been
granted by the General Manager of the NCI AGENCY or by his designated
representative.
That I must not, without the approval of the General Manager of the NCI AGENCY,
publish (in any document, article, book, CD, video, film, play, or other form)
any classified /commercial-in-confidence information which I have acquired in
the course of my work under CO-13589-OPL.
That, at the end of contract and after performance of all required tasks, I must
surrender any official document or material made or acquired by me in the
course of my work under CO-13589-OPL, save such as I have been duly
authorised to retain.
That the provisions of the above Declaration apply not only during the period of work
under CO-13589-OPL, but also after my contract has ceased and that I am liable
to prosecution if either by intent or negligence I allow classified/commercial-inconfidence information to pass into unauthorised hands.
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VERSION CONTROL Final Version 21 June 2012*
NATO COMMUNICATIONS AND INFORMATION
AGENCY
GENERAL CONTRACT PROVISIONS
*Version from LA coordination dated 10 May 2012
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INDEX OF CLAUSES
1.
ORDER OF PRECEDENCE
2.
DEFINITION OF TERMS AND ACRONYMS
3.
AUTHORITY
4.
APPROVAL AND ACCEPTANCE OF CONTRACT TERMS
5.
LANGUAGE
6.
AUTHORISATION TO PERFORM/CONFORMANCE TO NATIONAL LAWS
AND REGULATIONS
7.
FIRM FIXED PRICE CONTRACT
8.
PERFORMANCE GUARANTEE
9.
PARTICIPATING COUNTRIES
10.
SUB-CONTRACTS
11.
SECURITY
12.
RELEASE OF INFORMATION
13.
PURCHASER FURNISHED PROPERTY
14.
CONTRACTOR'S PERSONNEL WORKING AT PURCHASER'S
FACILITIES
15.
HEALTH, SAFETY AND ACCIDENT PREVENTION
16.
CHANGES
17.
STOP WORK ORDER
18.
CLAIMS
19.
PRICING OF CHANGES, AMENDMENTS AND CLAIMS
20.
NOTICE OF SHIPMENT AND DELIVERY
21.
INSPECTION AND ACCEPTANCE OF WORK
22.
INSPECTION AND ACCEPTANCE OF DOCUMENTATION
23.
USE AND POSSESSION PRIOR TO ACCEPTANCE
24.
OWNERSHIP AND TITLE
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25.
INVOICES AND PAYMENT
26.
TAXES AND DUTIES
27.
WARRANTY OF WORK (EXCLUSIVE OF SOFTWARE)
28.
RIGHT OF ACCESS, EXAMINATION OF RECORDS
29.
PATENT AND COPYRIGHT INDEMNITY
30.
INTELLECTUAL PROPERTY
31.
SOFTWARE WARRANTY
32.
NATO CODIFICATION
33.
RELEASE FROM CLAIMS
34.
ASSIGNMENT OF CONTRACT
35.
TRANSFER AND SUB-LETTING
36.
PURCHASER DELAY OF WORK
37.
CONTRACTOR NOTICE OF DELAY
38.
LIQUIDATED DAMAGES
39.
TERMINATION FOR DEFAULT
40.
TERMINATION FOR THE CONVENIENCE OF THE PURCHASER
41.
DISPUTES
42.
ARBITRATION
43.
SEVERABILITY
44.
APPLICABLE LAW
ANNEX:
PURCHASER’S PRICING PRINCIPLES
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1.
ORDER OF PRECEDENCE
In the event of any inconsistency in language, terms or conditions of the various
parts of this Contract, precedence will be given in the following order:
1.1.
The Signature Page;
1.2.
The Contract Schedules, Part I;
1.3.
The Contract Special Provisions, Part II;
1.4.
The Contract General Provisions, Part III;
1.5.
The Statement of Work, Part IV of the Contract;
1.6.
The Annexes to the Statement of Work.
2.
DEFINITIONS OF TERMS AND ACRONYMS
2.1.
Assembly
An item forming a portion of equipment that can be provisioned and
replaced as an entity and which normally incorporates replaceable parts or
groups of parts.
2.2.
Acceptance
Acceptance is the act by which the Contracting Authority recognises in writing
that the delivered Work meets the Contract requirements..
2.3.
Claims
A written demand or written assertion by one of the Parties seeking, as a
matter of right, the payment of money in a sum certain, the adjustment or
interpretation of Contract terms, or other relief arising under or in relation to
this Contract.
2.4.
Clause
A provision of the Special or General Provisions of this Contract.
2.5.
Codification Authority
The National Codification Bureau (NCB) or authorised agency of the country
in which the Work is produced.
2.6.
Commercial Off-the-Shelf Items (COTS)
The term “Commercially Off-the-Shelf Item (COTS)” means any item that:

is a commercial item, customarily used by the general public, that
has been sold, leased, or licensed to the general public or has been
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

2.7.
offered for sale, lease or license to the general public;
is sold in substantial quantities in the commercial marketplace; and
is offered to the Purchaser, under a contract or subcontract at any
tier, without modification, in the same form in which it is sold in the
commercial marketplace.
Component
A part or combination of parts, having a specific function, which can be
installed or replaced only as an entity.
2.8.
Contractor Background IPR
Any IPR owned by the Contractor or licensed by a third party to the
Contractor which is not created in relation to or as the result of work
undertaken for any purpose contemplated by the Contract and which is
needed for the performance of the Contract or for the exploitation of
Foreground IPR.
2.9.
Correction
Elimination of a Defect.
2.10.
Contract
The agreement concluded between the Purchaser and Contractor, duly
signed by both contracting parties. The Contract includes the documents
referred to in Clause 1 (Order of Preference).
2.11.
Contracting Authority
The General Manager of the NCI Agency, the Director of Acquisition, the
Chief of Contracts of the NCI Agency or the authorised representatives of the
Chief of Contracts of the NCI Agency.
2.12.
Contractor
The person or legal entity from a Participating Country which has signed this
Contract and is a Party thereto.
2.13.
Day
A calendar day
2.14.
Defect
Any condition or characteristic in any Work furnished by the Contractor
under the Contract that is not in compliance with the requirements of the
Contract.
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2.15.
Deliverable
Any and all goods (including movable and immovable goods) to be delivered
pursuant to the terms of this Contract including, without limitation, building,
raw materials, components, intermediate Assemblies, Parts, end products,
equipment, documentation, data, software.
2.16.
Design Defect
Defect attributable to incompatibility, unsuitability or erroneous application of
theory, drawings or formulae.
2.17.
Effective Date of Contract (or “EDC”)
The date upon which this Contract is deemed to start. Unless otherwise
specified, a Contract enters into force on the date of the last signature of the
Contract by the Parties.
2.18.
Failed Component
A part or combination of parts, having a specific function, which can be
installed or replaced only as an entity which ceases to perform in a manner
consistent with its intended use and specifications of the Contract.
2.19.
Foreground IPR
Any IPR created by the Contractor or any subcontractor of the Contractor in
the course of or as the result of work undertaken for any purpose
contemplated by the Contract.
2.20.
IPR
Any intellectual property rights of any qualification irrespective of their stage of
development or finalisation, including but not limited to patents, trademarks
(registered of not), designs and models (registered or not) and applications for
the same, copyright (including on computer software), rights in databases,
know-how, confidential information and rights in records (whether or not
stored on computer) which includes technical and other data and documents.
2.21.
Manufacturing Defect
Defect attributable to improper manufacturing processes, testing or quality
control procedures.
2.22.
NATO
The North Atlantic Treaty Organisation. For the purpose of this contract, the
term NATO includes NATO bodies, agencies, NATO nations and non-NATO
nations to the extent that non-NATO nations are engaged in NATO
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Purposes.
2.23.
NCI AGENCY (NCIA)
The NATO Communications and Information Agency. The NCIA is part of
the NCIO. The General Manager of the Agency is authorised to enter into
contracts on behalf of the NCI Organisation.
2.24.
NATO COMMUNICATIONS AND INFORMATION ORGANIZATION (NCIO)
The NATO Communications and Information Organisation. The NCI
Organisation constitutes an integral part of the North Atlantic Treaty
Organisation (NATO) The NCI Organisation is the legal personality from
whence flows the authority of its agent, the NCI Agency, to enter into
contracts.
2.25.
NATO Purposes
Activities conducted by or on behalf of NATO to promote the common
defence and common interests of NATO, such as, among others, NATO
operations, NATO procurement, NATO training and NATO maintenance.
2.26.
Part
An item of an assembly or sub-assembly, which is not normally further
broken down.
2.27.
Participating Country
A NATO member country that participates in financing the effort.
2.28.
Parties
The Contracting Parties to this Contract, i.e., the Purchaser and the
Contractor.
2.29.
Purchaser
The NCI Organisation, as represented by the General Manager, NCI
Agency. The Purchaser is the legal entity who awards and administers the
Contract on behalf of NATO and stands as one of the Contracting Parties.
2.30.
Purchaser Background IPR
Any IPR owned by the Purchaser as of the Effective Date of Contract and
which has been developed by, assigned to or licensed to the Purchaser
prior to the Effective Date of Contract.
2.31.
Purchaser Furnished Property
Any item of equipment, material, document, technical data, information and
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Software or any other item of property furnished by the Purchaser to the
Contractor required or useful for the performance of the Contract. The
Purchaser Furnished Property, if any, shall be detailed in the Contract.
2.32.
Software (Computer Software)
A computer program comprising a series of instructions, rules, routines
regardless of the media in which it is recorded, that allows or cause a
computer to perform a specific operation or a series of operations.
2.33.
Software Defect
Any condition or characteristic of Software that does not conform with the
requirements of the Contract.
2.34.
Sub-Assembly
A portion of an Assembly consisting of two or more parts that can be
provisioned and replaced as an entity. The definition purposely excludes
Components and/or Parts.
2.35.
Sub-contract
Any agreement made by the Contractor with any third party in order to fulfil
any part of the obligations under this Contract. Sub-contracts may be in any
legal binding form, e.g., contract, purchase order, etc.
2.36.
Sub-contractor
Any person or legal entity directly or indirectly under Sub-contract to the
Contractor in performance of this Contract.
2.37.
Third Party IPR
Any IPR owned by a third party not being the Purchaser or the Contractor or
its Subcontractor, which is needed for the performance of the Contract or for
the exploitation of Foreground IPR. This includes, for example, third party
software, including open source software.
2.38.
Work
Any deliverable, project design, labour or any service or any other activity to
be performed by the Contractor under the terms of this Contract.
3.
AUTHORITY
3.1.
All binding contractual instruments and changes, including amendments,
additions or deletions, as well as interpretation of and instructions issued
pursuant to this Contract shall be valid only when issued in writing by the
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Purchaser and signed by the Contracting Authority only.
3.2.
No direction which may be received from any person employed by the
Purchaser or a third party shall be considered as grounds for deviation from
any of the terms, conditions, specifications or requirements of this Contract
except as such direction may be contained in an authorised amendment to
this Contract or instruction duly issued and executed by the Contracting
Authority. Constructive change may not be invoked by the Contractor as a
basis for Claims under this Contract.
3.3.
The entire agreement between the Parties is contained in this Contract and is
not affected by any oral understanding or representation, whether made
previously to or subsequently to this Contract.
3.4.
Personal notes, signed minutes of meetings, comments to delivered
documentation and letters, e-mails and informal messages from project or
other Purchaser staff which may indicate the intent and willingness to make
changes to the Contract, do not implement the change to the Contract and
shall not be used as a basis for claiming change to the Contract by the
Contractor.
4.
APPROVAL AND ACCEPTANCE OF CONTRACT TERMS
4.1.
By his signature of the Contract, the Contractor certifies that he has read
and unreservedly accepts and approves of all terms and conditions,
specifications, plans, drawings and other documents which form part of
and/or are relevant to the Contract. The Contractor further agrees that the
terms of the Contract take precedence over any proposals or prior
commitments made by the Contractor in order to secure the Contract.
Contractor also hereby waives any and all rights to invoke any of the
Contractor’s general and special terms and conditions of sales and/or
supply.
5.
LANGUAGE
5.1.
All written correspondence, reports, documentation and text of drawings
delivered to the Purchaser by the Contractor shall be in the English
language.
6.
AUTHORISATION TO PERFORM/CONFORMANCE TO NATIONAL LAWS
AND REGULATIONS
6.1.
The Contractor warrants that he and his Sub-contractors are duly authorised
to operate and do business in the country or countries in which this Contract
is to be performed and that he and his Sub-contractors have obtained or will
obtain all necessary licences and permits required in connection with the
Contract. No claim for additional monies with respect to any costs or delay to
obtain the authorisations to perform shall be made by the Contractor.
6.2.
The Contractor acknowledges that he and his Sub-contractors are
responsible during the performance of this Contract for ascertaining and
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complying with all applicable laws and regulations, including without
limitation: labour standards, environmental laws, health and safety
regulations and export controls laws and regulations in effect at the time of
Contract signature or scheduled to go into effect during Contract
performance.
Failure to fully ascertain and comply with such laws,
regulations or standards shall not be the basis for claims for change to the
specifications, terms, conditions or monetary value of this Contract.
7.
FIRM FIXED PRICE CONTRACT
7.1.
This is a Firm Fixed Price Contract. The Firm Fixed Price of this Contract is
as stated on the signature page of the Contract or any amendments thereto.
The Purchaser assumes no liability for costs incurred by the Contractor in
excess of the stated Firm Fixed Price except as may be authorised under
certain provisions of this Contract.
8.
PERFORMANCE GUARANTEE
8.1.
As a guarantee of performance under the Contract, the Contractor shall
deposit with the Purchaser within thirty (30) calendar days from the Effective
Date of Contract a bank guarantee (the “Performance Guarantee”)
denominated in the currency of the Contract, to the value of ten per cent
(10%) of the total Contract price.
8.2.
The Performance Guarantee, the negotiability of which shall not elapse
before the expiration of the warranty period, or such other period as may be
specified in the Contract, shall be made payable to the Purchaser and shall
be in the form of certified cheques or a Standby Letter of Credit subject to
the agreement of the Purchaser. In the case of a Standby Letter of Credit,
payment shall be made to the Purchaser without question and upon first
demand by the Purchaser against a certificate from the Purchaser's
Contracting Authority that the Contractor has not fulfilled its obligations under
the Contract. The Contractor shall have no right to enjoin or delay such
payment.
8.3.
Certified Cheques issued to fulfil the requirements of the Performance
Guarantee will be cashed by the Purchaser upon receipt and held in the
Purchaser's account until the term of the Performance Guarantee has
expired.
8.4.
The standby letter of credit shall be subject to Belgian Law and shall be
issued by (i) a Belgian bank, (ii) the Belgian subsidiary of a foreign bank
licensed to provide financial services in Belgium; or (iii) an insurance
company licensed to do business in Belgium and belonging to a Belgian
banking institution provided the banking institution guarantees explicitly the
demand for payment, unless otherwise specified by the Purchaser.
8.5.
The Contractor shall request in writing relief from the Performance Guarantee
upon expiration of the warranty period or such other period as may be
specified in the Contract and such relief may be granted by the Purchaser.
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8.6.
The Contractor shall be responsible, as a result of duly authorised
adjustments in the total contract price and/or period of performance by the
Purchaser, for obtaining a commensurate extension and increase in the
Performance Guarantee, the value of which shall not be less than ten per
cent (10%) of the total contract price (including all amendments), and for
depositing such guarantee with the Purchaser, within thirty (30) calendar
days from the effective date of aforesaid duly authorised adjustment.
8.7.
The failure of the Contractor to deposit and maintain such Performance
Guarantee with the Purchaser within the specified time frame, or any
extension thereto granted by the Purchaser's Contracting Authority, is a
material breach of the Contract terms and conditions subject to the
provisions of the Contract regarding Termination for Default.
8.8.
The rights and remedies provided to the Purchaser under the present Clause
are in addition to any other rights and remedies provided by law or under this
Contract. The certificate described in Clause 8.2 above shall not be regarded
as a Termination for Default and this Clause is in addition to and separate
from the Clause of the Contract detailing termination for default.
8.9.
If the Contractor elects to post the Performance Guarantee by Standby Letter
of Credit, the form of the document shall be substantially as follows:
PERFORMANCE GUARANTEE STANDBY LETTER OF CREDIT
Standby Letter of Credit Number:
Issue Date:
________________
Initial Expiry Date:
_________________
Final Expiry Date:
_________________
Beneficiary: NCI Agency, Financial Management,
Boulevard Leopold III, B-1110, Brussels
Belgium
1.
We hereby establish in your favour our irrevocable standby letter of credit
number {number} by order and for the account of (NAME AND ADDRESS OF
CONTRACTOR)
in
the
amount
of
_______________________________________.
We are advised this
undertaking represents fulfilment by (NAME OF CONTRACTOR) of certain
performance requirements under Contract No. ______________________
dated ____________________ between the NCI Agency (“NCIA and (NAME
OF CONTRACTOR).
2.
We hereby engage with you that drafts drawn under and in compliance with the
terms of this letter of credit will be duly honoured upon presentation of
documents to us on or before the expiration date of this letter of credit.
3.
Funds under this letter of credit are available to you without question or delay
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against presentation of a certificate signed by the NCI Agency Contracting
Officer which states:
“(NAME OF CONTRACTOR) has not fulfilled its obligations
under Contract No. __________ dated _________ between
NCI Agency and (NAME OF CONTRACTOR) (herein called
the “Contract”), and the NCI Agency, as beneficiary, hereby
draws on the standby letter of credit number ________ in the
amount denominated in the currency of the Contract,
Amount up to the maximum available under the LOC), such
funds to be transferred to the account of the Beneficiary
number ___________________(to be identified when
certificate is presented).”
Such certificate shall be accompanied by the original of this letter of credit.
4.
This Letter of Credit is effective the date hereof and shall expire at our office
located at
(Bank Address)
on _________________. All demands
for payment must be made prior to the expiry date.
5.
It is a condition of this letter of credit that the expiry date will be automatically
extended without amendment for a period of one (1) year from the current or
any successive expiry date unless at least 90 (ninety) calendar days prior to the
then current expiry date we notify you by registered mail and notify (NAME OF
CONTRACTOR) that we elect not to extend this letter of credit for such
additional period. However, under no circumstances will the expiry date extend
beyond ______________________ (“Final Expiry Date”) without amendment.
6.
We may terminate this letter of credit at any time upon 90 (ninety) calendar days
notice furnished to both (NAME OF CONTRACTOR) and the NCI Agency by
registered mail.
7.
In the event we (the issuing bank) notify you that we elect not to extend the
expiry date in accordance with paragraph 6 above, or, at any time, to terminate
the letter of credit, funds under this credit will be available to you without
question or delay against presentation of a certificate signed by the NCI Agency
Contracting Officer which states:
“The NCI Agency has been notified by {issuing bank} of its
election not to automatically extend the expiry date of letter of
credit number {number} dated {date} pursuant to the
automatic renewal clause (or to terminate the letter of credit).
As of the date of this certificate, no suitable replacement letter
of credit, or equivalent financial guarantee has been received
by the NCI Agency from, or on behalf of (NAME OF
CONTRACTOR). (NAME OF CONTRACTOR) has, therefore,
not
fulfilled
its
obligations
under
Contract
No.
_______________ dated _____________ between NCI
Agency and (NAME OF CONTRACTOR), and the NCI
Agency, as beneficiary, hereby draws on the standby letter of
credit number ________ in the amount of (Amount up to the
maximum available under the LOC), such funds to be
transferred to the account of the Beneficiary number
___________________ (to be identified when certificate is
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presented).”
Such certificate shall be accompanied by the original of this letter of credit and a
copy of the letter from the issuing bank that it elects not to automatically extend
the standby letter of credit, or terminating the letter of credit.
8.
The Beneficiary may not present the certificate described in paragraph 7 above
until 20 (twenty) calendar days prior to a) the date of expiration of the letter of
credit should {issuing bank} elect not to automatically extend the expiration date
of the letter of credit, b) the date of termination of the letter of credit if {issuing
bank} notifies the Beneficiary that the letter of credit is to be terminated in
accordance with paragraph 6 above.
9.
Multiple partial drawings are allowed to the maximum value of the standby letter
of credit.
10.
This letter of credit sets forth in full the terms of our undertaking, and this
undertaking shall not in any way be modified, amended, or amplified by
reference to any document, instrument, or agreement referred to herein (except
the International Standby Practices (ISP 98) hereinafter defined) or in which
this letter of credit is referred to or to which this letter of credit relates, and any
such reference shall not be deemed to incorporate herein by reference any
document, instrument, or agreement.
11.
This Letter of Credit is subject to The International Standby Practices-ISP98
(1998 Publication) International Chamber of Commerce Publication No.590.
9.
PARTICIPATING COUNTRIES
9.1.
Unless prior written authorisation of the Purchaser has been obtained, none
of the Work, shall be performed other than by firms from and within NATO
Participating Countries. Unless otherwise specified in the Special Contract
Provisions, the Participating Countries are the twenty-eight (28) Member
Nations of the North Atlantic Treaty Organisation.
9.2.
Unless prior written authorisation of the Purchaser has been obtained, no
material or items of equipment down to and including identifiable SubAssemblies shall be manufactured or assembled by a firm other than from
and within a NATO Participating Country.
9.3.
The Contractor shall not place any Sub-contracts outside the NATO
Participating Countries without the prior written authorisation of the
Purchaser.
9.4.
Unless prior written authorisation of the Purchaser has been obtained, the
intellectual property rights for all software and documentation incorporated
by the Contractor and/or its Sub-contractors into the Work shall vest with
persons or legal entities from and within NATO participating nations and no
royalties or licence fees for such software and documentation shall be paid
by the Contractor to any source that does not reside within a NATO
participating nation.
9.5.
Any modification in the nationality, ownership and/or change of control of the
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Contractor and/or its Sub-contractor(s) shall be immediately notified in
writing to the Purchaser with all necessary details to allow the Purchaser to
determine whether or not the Contractor and/or its Sub-contractors continue
to comply with the Clauses above. Non compliance with the Clauses above,
by the Contractor and/or its Subcontractor may constitute ground for
termination of this Contract under Clause 39 (Termination for Default).
10.
SUB-CONTRACTS
10.1.
The Contractor shall place and be responsible for the administration and
performance of all Sub-contracts including terms and conditions which he
deems necessary to meet the requirements of this Contract in full.
10.2.
Prior to the Sub-contractors being given access to any classified information,
the Contractor shall ensure that any Sub-contractor that has a need to
access classified information for the performance of any part of this Contract
has been granted the appropriate facility and personnel security clearances
by the Sub-contractor's national authorities and that such clearances are still
in effect at the time the information is disclosed and remains in effect
throughout the performance of the work to be carried out under the Subcontract concerned.
10.3.
The Contractor shall seek the approval in writing of the Purchaser prior to the
placing of any Sub-contract if:
10.3.1. the Sub-contract was not part of the Contractor’s original proposal;
and
10.3.2. the value of the Sub-contract is known or estimated to exceed 15 per
cent of the total Contract value; or
10.3.3. the Sub-contract is one of a number of Sub-contracts with a single
Sub-contractor for the same or related Work under this Contract that
in the aggregate are known or expected to exceed 15 per cent of the
total Contract value.
10.4.
The Contractor shall inform the Purchaser of any change in Sub-contractors
for Sub-contracts of a value known or estimated to exceed 15 per cent of the
total Contract value.
10.5.
The Contractor shall submit a copy of any such proposed Sub-contract when
seeking approval to the Contracting Authority but such approval by the
Contracting Authority shall in no way relieve the Contractor of his
responsibilities to fully achieve the contractual and technical requirements of
this Contract.
10.6.
The Contractor shall, as far as practicable, select Sub-contractors on a
competitive basis consistent with the objectives and requirements of the
Contract.
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11.
SECURITY
11.1.
The Contractor shall comply with all security measures as are prescribed by
the Purchaser and the national security authority or designated security
agency of each of the NATO countries in which the Contract is being
performed. The Contractor shall be responsible for the safeguarding of
classified information, documentation, material and equipment entrusted to
him or generated by him in connection with the performance of the Contract.
11.2.
In particular the Contractor undertakes to:
11.2.1. appoint an official responsible for supervising and directing security
measures in relation to the Contract and communicating details of
such measures to the Purchaser on request;
11.2.2. maintain, preferably through the official responsible for security
measures, a continuing relationship with the national security
authority or designated security agency charged with ensuring that
all NATO classified information involved in the Contract is properly
safeguarded;
11.2.3. abstain from copying by any means, without the authorisation of the
Purchaser, the national security authority or designated security
agency, any classified documents, plans, photographs or other
classified material entrusted to him;
11.2.4. furnish, on request, information to the national security authority or
designated security agency pertaining to all persons who will be
required to have access to NATO classified information;
11.2.5. maintain at the work site a current record of his employees at the site
who have been cleared for access to NATO classified information.
The record should show the date of issue, the date of expiration and
the level of clearance;
11.2.6. deny access to NATO classified information to any person other than
those persons authorised to have such access by the national
security authority or designated security agency;
11.2.7. limit the dissemination of NATO classified information to the smallest
number of persons (“need to know basis”) as is consistent with the
proper execution of the Contract;
11.2.8. comply with any request from the national security authority or
designated security agency that persons entrusted with NATO
classified information sign a statement undertaking to safeguard that
information and signifying their understanding both of their
obligations under national legislation affecting the safeguarding of
classified information, and of their comparable obligations under the
laws of the other NATO nations in which they may have access to
classified information;
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11.2.9. report to the national security authority or designated security agency
any breaches, suspected breaches of security, suspected sabotage,
or other matters of security significance which would include any
changes that may occur in the ownership, control or management of
the facility or any changes that affect the security arrangements and
security status of the facility and to make such other reports as may
be required by the national security authority or designated security
agency, e.g. reports on the holdings of NATO classified material;
11.2.10.
apply to the Purchaser for approval before Sub-contracting any
part of the work, if the Sub-contract would involve that the Subcontractor would have access to NATO classified information, and to
place the Sub-contractor under appropriate security obligations no
less stringent than those applied to his own contract;
11.2.11.
undertake not to utilise, other than for the specific purpose of the
Contract, without the prior written permission of the Purchaser or his
authorised representative, any NATO classified information furnished
to him, including all reproductions thereof in connection with the
Contract, and to return all NATO classified information referred to
above as well as that developed in connection with the Contract,
unless such information has been destroyed, or its retention has
been duly authorised with the approval of the Purchaser. Such
NATO classified information will be returned at such time as the
Purchaser or his authorised representative may direct;
11.2.12.
classify any produced document with the highest classification of
the NATO classified information disclosed in that document.
12.
RELEASE OF INFORMATION
12.1.
Except as otherwise specified elsewhere in the Contract and to the extent
that it is demonstratively unavoidable and without prejudice to the Clause 11
(Security), the Contractor and/or his employees shall not, without prior
authorisation from the Purchaser, release to third parties any information
pertaining to this Contract, its subject matter, performance there under or
any other aspect thereof.
12.2.
The Contractor shall seek the prior written approval of the Purchaser before
publishing any press release or disclosing any other information, orally or in
writing, in relation to the Contract. The approval of the Purchaser shall be
required for both the opportunity and the content of the information.
12.3.
This provision shall remain in effect after the termination of the Contract and
shall cease to apply to any particular piece of information once that
information becomes public knowledge other than through an act, default or
omission of the Contractor or its Sub-contractors.
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13.
PURCHASER FURNISHED PROPERTY
13.1.
The Purchaser shall deliver to the Contractor, for use only in connection with
this Contract, the Purchaser Furnished Property at the times and locations
stated in the Contract. In the event that Purchaser Furnished Property is
not delivered by such time or times stated in the Schedule, or if not so
stated, in sufficient time to enable the Contractor to meet such delivery or
performance dates the Purchaser shall, upon timely written request made
by the Contractor, and if the facts warrant such action, equitably adjust any
affected provision of this Contract pursuant to Clause 16 (Changes).
13.2.
In the event that Purchaser Furnished Property is received by the Contractor
in a condition not suitable for its intended use, the Contractor shall
immediately notify the Purchaser. The Purchaser shall within a reasonable
time of receipt of such notice replace, re-issue, authorise repair or otherwise
issue instructions for the disposal of Purchaser Furnished Property agreed
to be unsuitable. The Purchaser shall, upon timely written request of the
Contractor, equitably adjust any affected provision of this Contract pursuant
to Clause 16 (Changes).
13.3.
Title to Purchaser Furnished Property will remain in the Purchaser. The
Contractor shall maintain adequate property control records of Purchaser
Furnished Property in accordance with sound industrial practice and
security regulations.
13.4.
Unless otherwise provided in this Contract, the Contractor, upon delivery to
him of any Purchaser Furnished Property, assumes the risk of, and shall be
responsible for, any loss thereof or damage thereof except for reasonable
wear and tear, and except to the extent that Purchaser Furnished Property
is consumed in the performance of this Contract.
13.5.
Upon completion of this Contract, or at such earlier dates as may be
specified by the Purchaser, the Contractor shall submit, in a form
acceptable to the Purchaser, inventory schedules covering all items of
Purchaser Furnished Property.
13.6.
The inventory shall note whether:
13.6.1.
The property was consumed or incorporated in fabrication of
final deliverable(s);
13.7.
13.6.2.
The property was otherwise destroyed;
13.6.3.
The property remains in possession of the Contractor;
13.6.4.
The property was previously returned
The Contractor shall prepare for shipment, deliver DDP at a destination
agreed with the Purchaser, or otherwise dispose of Purchaser Furnished
Property as may be directed or authorised by the Purchaser. The net
proceeds of any such disposal shall be credited to the Contract price or paid
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to the Purchaser in such other manner as the Purchaser may direct.
13.8.
The Contractor shall not modify any Purchaser Furnished Property unless
specifically authorised by the Purchaser or directed by the terms of the
Contract.
13.9.
The Contractor shall indemnify and hold the Purchaser harmless against
claims for injury to persons or damages to property of the Contractor or
others arising from the Contractor’s possession or use of the Purchaser
Furnished Property. The Contractor shall indemnify the Purchaser for
damages caused by the Contractor to the Purchaser, its property and staff
and arising out of the Contractor’s use of the Purchaser Furnished Property.
14.
CONTRACTOR'S PERSONNEL WORKING AT PURCHASER'S
FACILITIES
14.1.
The term "Purchaser Facilities" as used in this Clause shall be deemed to
include sites, property, utilities, ships or vessels and the term "Facility
Representative" shall be deemed to refer to the authority designated by the
Purchaser responsible for the site, property, utility, ship or vessel.
14.2.
The Facility Representative shall provide such available administrative and
technical facilities for Contractor's personnel working at Purchaser's
Facilities for the purpose of the Contract as in the opinion of the Facility
Representative may be necessary for the effective and economical
discharge of Work. The Facility Representative shall also determine whether
these facilities will be provided free of charge to the Contractor or determine
what charges are payable. The Contractor shall have no claim against the
Purchaser for any such additional cost or delay or any additional cost or
delay occasioned by the closure for holidays of said facilities, or other
reasons, where this is generally published or made known to the Contractor
by the Purchaser or his authorised representatives.
14.3.
The Contractor shall, except as otherwise provided for in the Contract, make
good or, at the option of the Purchaser, pay compensation for all damage
occurring to any Purchaser's Facilities occasioned by the Contractor, his
servants, agents or Sub-contractors, arising from his or their presence and
activities in, and use of, the Purchaser’s Facilities; provided that this
Condition shall not apply to the extent that the Contractor is able to show
that any such damage was not caused or contributed to, by his neglect, or
default or the neglect or default of his servants, agents or Sub-contractors,
or by any circumstances within his or their control.
14.4.
All property of the Contractor while at a Purchaser Facility shall be at the risk
of the Contractor, and the Purchaser shall accept no liability for any loss or
damage, except to the extent that any loss or damage is the result of a wilful
act or gross negligence on the part of the Purchaser's employees or agents.
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15.
HEALTH, SAFETY AND ACCIDENT PREVENTION
15.1.
If the Purchaser notifies the Contractor in writing of any non-compliance in
the performance of this Contract with safety and health rules and
requirements prescribed on the date of this Contract by applicable national
or local laws, ordinances and codes, and the Contractor fails to take
immediate corrective action, the Purchaser may order the Contractor to stop
all or part of the Work until satisfactory corrective action has been taken.
Such an order shall not entitle the Contractor to an adjustment of the
Contract price or other reimbursement for resulting increased costs, or to an
adjustment of the delivery or performance schedule.
16.
CHANGES
16.1.
The Purchaser may at any time, by written order of the Contracting Authority
designated or indicated to be a change order (“Change Order”) make
changes within the general scope of this Contract, including, without
limitation, in any one or more of the following:
16.1.1. Specifications (including drawings and designs);
16.1.2. Method and manner of performance of the work, including
engineering standards, quality assurance and configuration
management procedures;
16.1.3. Marking and method of shipment and packing;
16.1.4. Place of delivery;
16.1.5. Amount, availability and condition of Purchaser Furnished Property.
16.2.
The Purchaser shall submit a proposal for Contract amendment describing
the change to the Contract.
16.3.
If any such Change Order causes an increase in the Contractor's cost of, or
the time required for, the performance of any part of the Work under this
Contract, whether or not changed by any such order, the Contractor shall
submit a written proposal for adjustment to the Purchaser describing the
general nature and amount of the proposal for adjustment. The Contractor
shall submit this proposal for adjustment within thirty (30) days after receipt
of a written Change Order under 16.1 above unless this period is extended
by the Purchaser.
16.4.
If any such Change Order causes a decrease in the Contractor's cost of, or
the time required for, the performance of any part of the Work under this
Contract, whether or not changed by any such order, the Purchaser shall
submit a proposal for adjustment within thirty (30) days from the issuance of
the Change Order by submitting to the Contractor a written statement
describing the general nature and amount of the proposal for adjustment.
16.5.
Where the cost of property made obsolete or in excess as a result of a
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change is included in the Contractor's claim for adjustment, the Purchaser
shall have the right to prescribe the manner of disposition of such property.
16.6.
The Purchaser reserves the right to reject the introduction of the change,
after the evaluation of the change proposal, even if the Purchaser initiated
such change.
16.7.
Failure to agree to any requested adjustment shall be a dispute within the
meaning of the Clause 41 (Disputes). However, nothing in this Clause shall
excuse the Contractor from proceeding with the Contract as changed.
16.8.
No proposal for adjustment by the Contractor for an equitable adjustment
shall be allowed if asserted after final payment and acceptance under this
Contract.
16.9.
Any other written or oral order (which, as used in this paragraph includes
direction, instruction, interpretation, or determination) from the Purchaser
that causes a change shall be treated as a Change Order under this Clause,
provided, that the Contractor gives the Purchaser a written notice within thirty
(30) Days after receipt of such order stating (i) the date, circumstances, and
source of the order; (ii) that the Contractor regards the order as a Change
Order; and (iii) a detailed cost and time analysis of the impact of the change,
and that the Order is accepted in writing by the Purchaser as a Change
Order. The timely written notice requirement, as detailed above, remains in
force in all cases, even where, for example, the Purchaser has positive
knowledge of the relevant facts.
16.10. All tasks and activities carried out by the Contractor in relation to the
processing of the Change Order or in relation to this Clause shall form part of
the Contractor’s routine work and cannot be charged as additional work.
17.
STOP WORK ORDER
17.1.
The Purchaser may, at any time, by written order to the Contractor, require
the Contractor to stop all, or any part, of the Work called for by this Contract
for a period of ninety (90) days after the order is delivered to the Contractor,
and for any further period to which the Parties may agree.
17.2.
Any such stop work order shall be specifically identified as a stop work order
issued pursuant to this Clause (the “Stop Work Order”). The Stop Work
Order may include a description of the Work to be suspended, instructions
concerning the Contractor’s issuance of further orders for material or
services, guidance to the Contractor on actions to be taken on any Subcontracts and any suggestion to the Contractor for minimizing costs.
17.3.
Upon receipt of such a Stop Work Order, the Contractor shall forthwith
comply with its terms and take all reasonable steps to minimise costs
incurred allocable to the Work covered by the Stop Work Order during the
period of work stoppage. Within a period of ninety (90) days after a Stop
Work Order is delivered to the Contractor, or within any extension of that
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period to which the Parties shall have agreed, the Purchaser shall either:
17.3.1. cancel the Stop Work Order; or
17.3.2. terminate the Work covered by such Stop Work Order as provided
in Clause 40 (Termination for Convenience of the Purchaser).
17.4.
If a Stop Work Order issued under this Clause is cancelled or the period of
the Stop Work Order or any extension thereof expires, the Contractor shall
resume work.
17.5.
An equitable adjustment shall be made in the delivery schedule or Contract
price, or both, and the Contract shall be modified in writing accordingly, if:
17.5.1. the Stop Work Order results in an increase in the time required for,
or in the Contractor's cost properly allocable to, the performance of
any part of this Contract, and
17.5.2. the Contractor asserts a Claim for such adjustment within thirty (30)
days after the end of the period of work stoppage; provided that, if
the Purchaser decides the facts justify such action, he may receive
and act upon any such claim asserted at a later date but prior to
final payment under this Contract.
17.6.
If a Stop Work Order is not cancelled and the Work covered by such Stop
Work Order is terminated for the convenience of the Purchaser the
reasonable costs resulting from the Stop Work Order shall be allowed in
arriving at the termination settlement.
18.
CLAIMS
18.1.
The Contractor shall specifically identify the Contract Clause(s) under which
the Claim(s) is/are based.
18.2.
Claims shall be specifically identified as such and submitted:
18.2.1. within the time specified in the Clause under which the Contractor
alleges to have a Claim. If no time is specified in the Clause under
which the Contractor intends to base his Claim, the time limit shall be
sixty (60) days from the date the Contractor has knowledge or should
have had knowledge of the facts on which he bases his Claim; and
18.2.2. before final payment, pursuant to and with the exceptions specified
in Clause 33 of these General Provisions entitled” Release from
Claims”.
18.2.3. Section 18.2.2 above shall only apply to those Claims for which the
Contractor could not have had earlier knowledge and were not
foreseeable.
18.3.
The Contractor shall be foreclosed from his Claim unless he presents
complete documentary evidence, justification and costs for each of his
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Claims within ninety (90) calendar days from the assertion date of such
Claims. Claims shall be supported by specifically identified evidence
(including applicable historical and planned cost and production data from
the Contractor's books and records). Opinions, conclusions or judgmental
assertions not supported by such evidence will be rejected by the Purchaser.
18.4.
An individual breakdown of cost is required for each element of Contractor's
Claims at the time of claim submission or for any material revision of the
Claim.
18.5.
The Contractor shall present, at the time of submission of a Claim, an
attestation as follows:
I ....................................the responsible senior company
official authorised to commit the ......................... with respect
to its claims dated ...................................... being duly sworn,
do hereby depose and say that: (i) the facts described in the
claim are current, complete and accurate; and (ii) the
conclusions in the claim accurately reflect the material
damages or contract adjustments for which the Purchaser is
allegedly liable.
..................................………..
……………………………..
SIGNATURE
Date
18.6.
Failure to comply with any of the above requirements shall result in automatic
foreclosure of the Claim. This foreclosure takes effect in all cases and also
where, for example, the Claim is based on additional orders, where the facts
are known to the Purchaser, where the Claim is based on defective
specifications of the Purchaser or an alleged negligence in the precontractual stage.
18.7.
Claims submitted by the Contractor will be reviewed by the Contracting
Authority. The Contracting Authority will respond within sixty (60) days with a
preliminary decision, based on an assessment and evaluation of the facts
presented by the Parties, as to whether the Contracting Authority considers
the Claim to have merit for consideration. If the preliminary decision of the
Contracting Authority is that the Claim, as submitted is without merit, the
Contractor shall have fourteen (14) days to present a rebuttal to the
Contracting Authority and request reconsideration of the Contracting
Authority’s decision. Within thirty (30) days receipt of the Contractor’s
request for reconsideration, the Contracting Authority will issue a decision.
The time requirements stated herein may be extended by the Contracting
Authority in order to accommodate additional preparation efforts and fact
finding discussions but the Contracting Authority may not unreasonable
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extend such a period. A decision that the submitted claim is without merit will
be identified as such, will be issued in writing by the Contracting Authority
and will be conclusive. A decision may only be challenged by the Contractor
through the Disputes provisions described herein.
18.8.
A decision by the Purchaser that the claim has merit will result in a
Contracting Authority request to enter into negotiations with the Contractor to
arrive at a mutually agreed fair and equitable settlement. The Contracting
Authority’s decision will contain a target date for the commencement and
conclusion of such operations. If the Parties are unable to arrive at an
agreement on a fair and reasonable settlement by the target date for
conclusion, or any extension thereto made by the Contracting Authority, the
latter may declare that negotiations are at an impasse and issue a
preliminary decision as to the fair and reasonable settlement and the
reasons supporting this decision. The Contractor shall have a period of thirty
(30) days to present a rebuttal to the Contracting Authority and request
reconsideration of the Contracting Authority’s decision. Within sixty (60) days
of receipt of the Contractor’s request for reconsideration, the Contracting
Authority will issue its decision on the request for reconsideration. This
timeframe will be respected unless an authorisation is needed from a NATO
or other authority , the schedule for which is beyond the Contracting
Authority’s control. A decision of the Contracting Authority on the
reconsideration of the matter will be identified as such, will be issued in
writing by the Contracting Authority and will be conclusive. A decision on the
reconsideration may only be challenged by the Contractor through the
Disputes provisions described herein.
18.9.
No Claim arising under this Contract may be assigned by the Contractor
without prior approval of the Purchaser.
18.10. The Contractor shall proceed diligently with performance of this Contract,
pending final resolution of any request for relief, claim appeal, or action
arising under the Contract, and comply with any decision of the Contracting
Authority.
19.
PRICING OF CHANGES, AMENDMENTS AND CLAIMS
19.1.
Contractor’s pricing proposals for Changes, amendments and Claims shall
be priced in accordance with the Purchaser's Pricing Principles (Annex 1
hereto and the sample spreadsheet and its “ Instructions to Complete” at
Appendix 1) or the national government pricing rules and regulations for the
Contractor's own country, where in force. The Contractor shall provide cost
information accompanied by appropriate substantiation as required by the
Purchaser in accordance with Purchaser’s Pricing Principles, or such other
format as may be agreed between the Contractor and the Purchaser.
19.2.
With respect to Clause 19.1 above, when the price or price adjustment is
based on adequate price competition, established catalogue or market price
of commercial items sold in substantial quantities to the general public, or
prices set by law or regulation, the Contractor shall be responsible for
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substantiation of such cases to the satisfaction of the Purchaser.
19.3.
For the purposes of verifying that the cost or pricing data submitted in
conjunction with Clause 19.1 above are accurate, complete and current, the
Purchaser or any Purchaser authorised representative shall have the right
of access to the Contractor's facilities to examine, until the expiration of
three (3) years from the date of final payment of all sums due under the
Contract:
19.3.1. those books, records, documents and other supporting data which
will permit adequate evaluation and verification of the cost or pricing
data submitted; and/or
19.3.2. the computations and projections which were available to the
Contractor as of the date of the Contractor price proposal.
19.4.
The Contractor, subject to the provisions of this Clause, shall require Subcontractors to provide to the Purchaser, either directly or indirectly:
19.4.1. cost or pricing data;
19.4.2. access to Sub-contractor's facilities and records for the purposes of
verification of such cost or pricing data; and
19.4.3. a Certificate of Current Cost or Pricing Data, when required.
19.5.
If any price, including profit, negotiated in connection with this Contract was
proposed, taking any of the following into account: :
19.5.1. the Contractor furnished cost or pricing data which was not
complete, accurate and current as certified in the Contractor's
Certificate of Current Cost or Pricing Data provided in accordance
with Clause 19.6 below;
19.5.2. a Sub-contractor, pursuant to Clause 19.4 above or any Subcontract clause therein required, furnished cost or pricing data which
was not complete, accurate and current as certified in the Subcontractor's Certificate of Current Cost or Pricing Data;
19.5.3. a Sub-contractor or prospective Sub-contractor furnished cost or
pricing data which was required to be complete, accurate and
current and to be submitted to support a Sub-contract cost estimate
furnished by the Contractor but which was not complete, accurate
and current as of the date certified in the Contractor's Certificate of
Current Cost or Pricing Data; or
19.5.4. the Contractor or a Sub-contractor or prospective Sub-contractor
furnished any data, not within 19.5.1 through 19.5.3 above, which,
as submitted, was not complete, accurate and current;
then the price and/or cost shall be adjusted accordingly and the Contract
shall be modified in writing as may be necessary to reflect such.
19.6.
At the time of negotiating any price, including profit, which is based upon the
submission of cost or pricing data by the Contractor, the Contractor shall be
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required to submit a certificate of current cost or pricing data (“Certificate”).
19.6.1. Such Certificates will certify that, to the best of the Contractor's
knowledge and belief, cost or pricing data submitted to the
Purchaser in support of any proposal for a price, price adjustment or
claim, are accurate, complete and current, as per the completion of
the negotiations or, in the case of a claim, as per the submission
date of the claim.
19.6.2. All such Certificates shall be in the format shown below and shall be
dated and signed by a responsible officer of the company:
CERTIFICATE OF CURRENT COST OR PRICING DATA
This is to certify that cost or pricing data as submitted,
either actually or by specific identification in writing to the
Purchaser or his representative in support
of......................................................(Claim, Amendment,
ECP#, etc.,) are accurate, complete and current as of
.................................(Date).
By submitting the price proposal, the Contractor/subContractor or prospective sub-Contractor grant the
Purchaser or his authorized representative(s) the right to
examine those records, data and supporting information,
used as a basis for the pricing submitted.
_______________________________________________
Name of Company
_______________________________________________
Signature
_______________________________________________
Printed Name of Signatory
_______________________________________________
Title of Signatory
_______________________________________________
Date of Signature
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19.6.3. The Contractor shall insert the substance of this Clause 19.7 in
each Sub-contract.
19.7.
For all additional or follow-up agreements which are made for Work which
are furnished to the Purchaser without competition, the Contractor shall
offer prices on a “Preferred Customer” basis, that is offer prices which are
as favourable as those extended to any Government, Agency, Company,
Organisation or individual purchasing or handling like quantities of
equipment and/or Parts covered by the Contract under similar conditions.
In the event that prior to completing delivery under this Contract the
Contractor offers any of such items in substantially similar quantities to any
customer at prices lower than those set forth herein, the Contractor shall so
notify the Purchaser and the prices of such items shall be correspondingly
reduced by a supplement to this Contract. Price in this sense means "Base
Price" prior to applying any bonus, export tax reduction, turn-over tax
exemptions and other reductions based on National Policies.
20.
NOTICE OF SHIPMENT AND DELIVERY
20.1.
Except as may be specified in the Special Contract Provisions, delivery of all
items under this Contract shall be made by the Contractor on the basis of
“Delivery Duty Paid” (DDP) as defined by the INCOTERMS 2000
(International Chamber of Commerce Publication No. 560). It shall be noted,
however, that because the Purchaser is exempted from direct taxes and duty
as set forth in Clause 26 (Taxes and Duties), there is no duty to be paid by
the Contractor.
20.2.
"Delivery" of required Work by the Contractor does not constitute
"Acceptance" by the Purchaser for purposes of meeting the requirements of
the Contract Schedule where Purchaser acceptance is the stated payment or
schedule milestone.
20.3.
Thirty (30) Days, or such other period as specified in the Contract, prior to the
delivery of any shipment of Work, the Contractor shall give prepaid notice of
shipment to the Purchaser. The Notice of Shipment shall contain, as
appropriate, the request for customs form 302, or equivalent document,
which shall enable any carrier to conduct duty free import/export clearance
through customs for the Purchaser on behalf of NATO.
20.4.
The customs form 302 is an official customs clearance declaration issued in
advance of shipment by the Purchaser to provide certified information as to
the duty free import, export, or transit of NATO consignments between
NATO countries.
20.5.
The Notice of Shipment and request for Form 302 or equivalent document
shall contain the following information:
20.5.1. Purchaser's Contract number;
20.5.2. Contract item number, designation and quantities;
20.5.3. destination;
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20.5.4. number and description of the packages (gross and net weight);
20.5.5. description of the goods and their value (for custom purpose only,
not commercial value)
20.5.6. consignor's name and address;
20.5.7. consignee's name and address;
20.5.8. method of shipment (i.e. road, rail, sea, air, etc.);
20.5.9. name and address of freight forwarder.
20.6.
Forwarding Agents, Carriers or other responsible organisations shall be
informed by the Contractor of the availability of Form 302 or equivalent
document and how the form shall be utilised to avoid the payment of custom
duties. Form 302 or equivalent document shall be incorporated in all
shipping documents provided to the carrier.
20.7.
Upon receipt of the Notice of Shipment from the Contractor, the Purchaser
may require the Contractor to send copies of the Notice of Shipment to the
receiving parties and the Contractor shall comply with this requirement.
21.
INSPECTION AND ACCEPTANCE OF WORK
21.1.
For the purposes of this Clause, Work does not include documentation
which is addressed in Clause 22 (Inspection and Acceptance of
Documentation) hereafter.
21.2.
Unless otherwise specifically provided for in the Contract, all Work and all
Parts and equipment incorporated in the Work are to be new and of the
most suitable grade of their respective kinds for the purpose,
notwithstanding the requirements for testing, inspection and performance as
required under this Contract. All workmanship shall be as specified under
the Contract or, if no workmanship standards are specified, best commercial
or “state of the art” complying with relevant (National and International)
standards.
21.3.
All Work may be subject to inspection and test by the Purchaser or his
authorised representative(s) to the extent practicable at all times and places
prior to Acceptance, including the period of manufacture, or after delivery or
as otherwise specified in the Contract. For the purposes of inspection and
testing the Purchaser may delegate as his representative the authorised
National Quality Assurance Representative (NQAR) in accordance with
STANAG 4107.
21.4.
No representative or NQAR appointed by the Purchaser for the purpose of
determining the Contractor's compliance with the technical requirements of
the Contract shall have the authority to change any of the specifications.
Such changes may only be made by the Contracting Authority in writing in
accordance with Clause 16 (Changes).
21.5.
The presence or absence of an NQAR or other Purchaser representative
shall not relieve the Contractor from conforming to the requirements of this
Contract.
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21.6.
Acceptance or rejection of the Work shall be made as promptly as
practicable after delivery, except as otherwise provided in the Contract.
Failure to timely accept or reject the Work shall neither relieve the
Contractor from responsibility for such Work nor impose liability on the
Purchaser.
21.7.
In the event that any Work, or lots thereof, or services are defective in
design, material, workmanship or manufacturing quality, or as a result of
undue wear and tear or otherwise not in conformity with the requirements of
this Contract, including any characteristic or condition which is or becomes
at variance to the performance specifications, to the intended function of the
Work or the function to which it could reasonably be expected that the Work
would perform, the Purchaser shall have the right either to reject them (with
or without instructions as to their disposition) or to require their correction or
replacement. Work which has been rejected or required to be corrected or
replaced shall, at the expense of the Contractor, be removed, or, if
permitted or required by the Contracting Authority, corrected in place by the
Contractor promptly after notice, and shall not thereafter be tendered for
acceptance by the Contractor unless the former rejection or requirement of
correction or replacement is withdrawn. If the Contractor fails promptly to
remove, replace or correct such Work the Purchaser may either:
21.7.1. by contract or otherwise return, replace or correct such Work or
services and charge to the Contractor the cost incurred by the
Purchaser; and/or
21.7.2. terminate this Contract for default as provided in Clause 39
(Termination for Default).
21.8.
When NQAR is not applicable based on the scale of the project, the
Purchaser reserves the right to perform inspections through his own staff in
accordance with the latest ISO standard at the time of inspection.
21.9.
Unless the Contractor corrects or replaces such Work within the delivery
schedule, the Purchaser may require the delivery of such Work at a
reduction in price which is equitable under the circumstances. Failure to
agree to such reduction of price shall be a dispute within the meaning of
Clause 41 (Disputes).
21.10. If any inspection or test is made by the Purchaser's representatives on the
premises of the Contractor or Sub-contractor, the Contractor, without
additional charge, shall provide all reasonable facilities and assistance for
the safety and convenience of the Purchaser's representatives in the
performance of their duties. The NQAR or other Purchaser representatives
shall have the right of access to any area of the Contractor's or his Subcontractor's premises where any part of the contractual work is being
performed.
21.11. If Purchaser inspection or test is made at a point other than the premises of
the Contractor or Sub-contractor, it shall be at the expense of the Purchaser
except as otherwise provided in this Contract; provided, that in case of
rejection the Purchaser shall not be liable for any reduction in value of
samples used in connection with such inspection or test.
21.12. All inspections and tests by the Purchaser shall be performed in such a
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manner as not to unduly delay the Work.
21.13. The Purchaser reserves the right to charge to the Contractor any additional
cost of Purchaser inspection and test when Work is not ready at the time
such inspection and test is requested by the Contractor or when reinspection or retest is necessitated by prior rejection.
21.14. Acceptance or rejection of the Work shall be made as promptly as
practicable after delivery, except as otherwise provided in this Contract, but
failure to inspect and accept or reject Work shall neither relieve the
Contractor from responsibility for such Work as are not in accordance with
the Contract requirements nor impose liability on the Purchaser thereof.
21.15. The inspection and test by the Purchaser of any Work or lots thereof, or
services, does not relieve the Contractor from any responsibility regarding
defects or other failures to meet the Contract requirements which may be
discovered prior to acceptance.
21.16. Acceptance of Work shall take place when the Contracting Authority
confirms acceptance in writing of the Work in accordance with the
procedure specified in the Contract, or if none is so specified then the
Contracting Authority shall be deemed to have accepted the Work without
prejudice to any other remedies, when and as soon as any of the following
events have occurred:
21.16.1.
the Purchaser has taken the Work into use, except as
specifically provided by Clause 23 (Use and Possession Prior to
Acceptance);
21.16.2.
the Purchaser has not exercised its right of rejection of the
Work within any period specified for that purpose in the Contract;
21.16.3.
there being no period for exercising the right of rejection
specified in the Contract, a reasonable time, all the circumstances
having been taken into account, has elapsed since inspection of the
Work was effected in accordance with the Contract.
21.17. Except as otherwise provided in this Contract, acceptance shall be
conclusive except as regards latent defects, fraud, or such gross mistakes
as amount to fraud.
21.18. Unless otherwise specified in this Contract, the Contractor shall have or
establish, implement and maintain an effective and economical quality
control system necessary to satisfy the Contract requirement. The system
shall provide for the early and prompt detection of deficiencies, trends and
conditions which could result in unsatisfactory quality and for timely and
effective corrective action. Objective evidence that the system is effective
shall be readily available to the Purchaser and its authorised
representatives. Records of all inspection and testing work by the
Contractor shall be kept complete and available to the Purchaser’s
representatives during the performance of this Contract and for such longer
periods as may be specified elsewhere in this Contract.
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22.
INSPECTION AND ACCEPTANCE OF DOCUMENTATION
22.1.
The Contractor shall provide to the Purchaser a draft version of the required
documentation as provided by the Contract Schedule and the Statement of
Work. Review of draft documentation under this Contract will be made by
the Purchaser upon the delivery of these items by the Contractor. The
review will be conducted by the Purchaser through duly authorised
representatives.
22.2.
Upon delivery of the draft documentation, the Purchaser will have a period of
review as provided by the Statement of Work. At the end of the review
period or before if deemed practical by the Purchaser, the Purchaser's
comments will be presented to the Contractor in writing. The substance of
such comments will pertain to items of error, non-conformity, omission and
guidance in relation to the requirements of the Statement of Work.
22.3.
Purchaser Review of the delivered items will emphasise the conformity with
the requirements of the Statement of Work, thoroughness of analysis, logical
bases of conclusions and models and coherence and completeness of
presentation.
The review process will also examine editorial and
grammatical correctness and the suitability and accuracy of graphics
supporting the text.
22.4.
The Contractor shall, after receipt of Purchaser comments, incorporate
changes, revisions and corrections required by the Purchaser and present
the revised documentation in final form to the Purchaser for inspection in
accordance with the delivery date specified in the Schedule.
22.5.
During the review process the Contractor is not required to halt efforts on
further tasks as identified in the Statement of Work. The Purchaser,
however, shall not be held liable for any work carried out by the Contractor
which is based on draft documentation yet to be reviewed.
22.6.
Upon receipt of the items in final form, the Purchaser will inspect the items for
a period not exceeding two weeks (or as otherwise stated in the Statement
of Work). At the end of the inspection, the Purchaser will notify the
Contractor that:
22.6.1. the items have been accepted;
22.6.2. the acceptance of the items is deferred pending further revision; or
22.6.3. the items are rejected and significantly fail to meet Contract
requirements.
22.7.
In the case of Clause 22.6.2 above, the Contractor shall only be responsible
for those revisions and corrections requested by the Purchaser and the
Purchaser may not request additional revisions during inspection after
required revisions have been made. However, if the Purchaser determines
that a directed revision has not been made or if such directed revision was
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cause for revision of other portions of content which were not made by the
Contractor, the Purchaser may withhold acceptance until such revisions are
made by the Contractor.
22.8.
The Contractor shall provide to the Purchaser on request supporting
technical data, computer software, databases and background analyses in
order to validate findings contained in the delivered items.
22.9.
Purchaser acceptance shall be made in writing by the Contracting Authority.
23.
USE AND POSSESSION PRIOR TO ACCEPTANCE
23.1.
Except as otherwise provided in the Special Contract Provisions, the
Purchaser shall have the right to take possession of, or use, any completed
or partially completed Work under the Contract at any time, when notified
by the Contracting Authority, however such possession or use shall not
constitute Acceptance by the Purchaser, as defined in the Contract.
23.2.
While the Purchaser has such use or is in such possession, the Contractor
shall be relieved of the responsibility for loss or damage to the Work
concerned other than that resulting from the Contractor's fault, negligence
or defect to the Work.
23.3.
If such prior possession or use by the Purchaser delays the progress of the
Work or causes additional expense to the Contractor, an equitable
adjustment in the Contract price or the time of delivery will be made, in
accordance with the Clause 16 (Changes), and the Contract shall be
modified in writing accordingly.
24.
OWNERSHIP AND TITLE
24.1.
Except as may be otherwise stated in the Special Contract Provisions and
Clause 23 (Use and Possession prior to Acceptance), ownership and title to
all Work will pass to the Purchaser only upon Acceptance by the Contracting
Authority in writing. Where the Contract provides for Provisional Acceptance
and Final Acceptance, ownership and title will pass to the Purchaser upon
written notification of Final Acceptance.
25.
INVOICES AND PAYMENT
25.1.
Unless otherwise specified in the Special Contract Provisions, invoices shall
only be submitted after delivery and Acceptance of the Work and for the total
prices and currency(ies) as set out under the Schedule of Work.
25.2.
Invoices in respect of any Work or services shall be prepared and submitted
to the Purchaser and shall contain all of the elements listed below:
25.2.1. Contract number;
25.2.2. Purchaser’s Purchase Order number ;
25.2.3. accounting codes (as specified in this Contract);
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25.2.4. item number (as defined in the Contract);
25.2.5. Contract description of Work or services, sizes, quantities, unit
prices, and extended totals (exclusive of taxes and duties for which
relief is available); and
25.2.6. extended totals. Details of Bills of Lading or Freight Warrant
numbers and weight of shipment shall be identified on each invoice
as appropriate.
25.3.
In addition, documentary evidence of Acceptance including copies of
certificates of conformity shall be submitted together with each invoice.
Invoices shall not be submitted to the Purchaser without Acceptance having
been previously made by the Purchaser.
25.4.
Each copy of the invoice shall contain the following certificate which shall be
signed by a duly authorised company official on the designated original
invoice:
"I certify that the above invoice is true and correct, that the
delivery of the above described items has been duly carried out
and the payment thereof has not been received.
Order placed for official use. Exemption from VAT Article
42,§3&3*of VAT Code for Belgium or Article 151, §1b of the
Council Directive 2006/112/EC dd. 28 November 2006 on intracommunity purchases and/or services.”.
25.5.
All invoices shall be addressed to the NCIA - Financial Management
Either at the following addresses:
NCIA
Financial Management
Boulevard Léopold III
1110 Brussels
Belgium
OR
shall be addressed to Financial Management at the following electronic
address:
“[email protected]”
Once the manner of forwarding the invoice is chosen, the contractor shall
keep this manner throughout the contract.
25.6.
All invoices submitted shall include the address of the bank to which
payment shall be made, together with either pertinent information
concerning the International Bank Account Number (IBAN) and BIC/SWIFT
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address or pertinent information concerning transit number/sort code,
account number and SWIFT address. The Purchaser makes payment only
by wire transfer and therefore wire transfer particulars shall be included on
the invoice.
25.7.
Invoices will be settled by the Purchaser within sixty (60) days of receipt of a
properly prepared and submitted invoice.
25.8.
The Contractor shall mention on the invoice the payment conditions in line
with the Contract.
26.
TAXES AND DUTIES
26.1.
The Purchaser, by virtue of his status under the terms of Article IX and X of
the Ottawa Agreement, is exempt from all direct taxes (incl. VAT) and all
customs duties on merchandise imported or exported. The Contractor,
therefore, certifies that the prices stipulated in this Contract do not include
amounts to cover such direct taxes or customs duties.
26.2.
The Contractor shall be responsible for ensuring that his respective Subcontractors are aware that the Purchaser is exempt from taxes and customs
duties. The Contractor (and his respective Sub-contractors) shall be
responsible for complying with all applicable national and local legal and
administrative procedures to ensure that authorities do not attempt to assess
taxes and customs duties on goods and property imported or exported
through NATO member nation frontiers under this Contract nor assess direct
taxation (VAT) on goods sold to the NCIA under this Contract.
26.3.
The Purchaser shall give reasonable assistance in providing
evidence/documents which might be required by the Contractor to ensure
that NCIA receives tax exemption by virtue of its status under the Ottawa
Agreement.
26.4.
If, after complying with all national and local legal and administrative
procedures, the authorities persist in attempting to impose taxes or duties on
goods provided under this Contract, the Contractor shall inform the
Contracting Authority providing the particulars of the situation, the
procedures which have been followed and the point of contact at the national
authority which is attempting to impose taxation or duty. The Contracting
Authority will examine the situation and attempt to clarify the legal and
administrative basis of the difficulty. If the Contracting Authority so directs,
the Contractor shall pay the required taxes and duties and file for
reimbursement or rebate from the national authorities in accordance with
national legislative and administrative procedures.
26.5.
In the event that the petition for reimbursement or rebate is denied by the
national authorities concerned and providing that the Contractor and/or his
Sub-contractor have complied with the national legislative and administrative
procedures, the Purchaser shall reimburse the full amount of the payment(s)
upon receipt of the Contractor's invoice indicating such tax or duty as a
separate item of cost and fully identified by reference to any governmental
law, regulation and/or instruction pursuant to which such tax or duty is
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enforced. The Contractor shall offer assistance and execute any such
document that may be useful or required to ensure that Purchaser obtains
the reimbursement of any tax or duty retained by a national authority.
26.6.
In the event of the Contractor and/or Sub-contractor not complying with
national legislative or administrative procedures, taxes and duties paid by the
Contractor and/or Sub-contractors shall not be reimbursed by the Purchaser.
26.7.
Following payment by the Purchaser of the taxes and/or duties pursuant to
Clause 26.4 above, should the Contractor subsequently receive a rebate of
any amount paid by the Purchaser, the Contractor shall immediately notify
the Purchaser and the amount of such rebate shall be credited or reimbursed
to the Purchaser, as directed. The Contractor shall be responsible for taking
any and all action that could reasonably be required in order to obtain such
rebate.
26.8.
The Contractor shall be liable for all other taxes, assessments, fees, licences,
administrative charges or other Government assessments or charges which
are applicable to the performance of this Contract. It is the Contractor's
responsibility to inform himself of his liability in each country where such
liability may arise.
27.
WARRANTY OF WORK (exclusive of Software)
27.1.
For the purpose of this Clause:
27.1.1. “Acceptance” shall mean the act of an authorised representative of
the Purchaser by which the Purchaser assumes title and ownership
of delivered Work rendered as partial or complete performance of
the Contract. “Acceptance” in this regard, unless specifically
provided otherwise in the Contract Special Provisions, means final
Acceptance where the Contract provides for Provisional or Partial
Acceptance;
27.1.2. “Correction” shall mean the elimination of a defect;
27.1.3. “Work” shall not include software.
27.2.
The Contractor shall not be responsible under this Clause for the Correction
of Defects in Purchaser Furnished Property, except for Defects in
Contractor performed installation, unless the Contractor performs, or is
obligated to perform, any modifications or other work on Purchaser
Furnished Property. In that event, the Contractor shall be responsible for
Correction of Defects that result from the modifications or other Work.
27.3.
Unless another period of time is indicated in the Contract Special Provisions,
the duration of the warranty provided by the Contractor and its
Subcontractors shall be twelve (12) months from the date of Acceptance
under this Contract as notified in writing by the Contracting Authority.
27.4.
Any Work or parts thereof corrected or furnished in replacement and any
services re-performed shall also be subject to the conditions of this Clause
27 to the same extent as Work initially accepted. The warranty, with respect
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to these Work, or parts thereof shall be equal in duration to that set forth in
Clause 27.3, and shall run from the date of delivery of the corrected or
replaced Work.
27.5.
If the Contractor becomes aware at any time before Acceptance by the
Purchaser (whether before or after tender to the Purchaser) or at a later
time, that a Defect exists in any Work, the Contractor shall either promptly
correct the Defect or promptly notify the Purchaser, in writing, of the Defect,
using the same procedures prescribed in Clause 27.8.
27.6.
The Purchaser will notify in writing the Contractor of the existence of a Failed
Component and return to the Contractor the Failed Component within thirty
(30) Days of the discovery of such failure. The transport of the Failed
Component shall be at the expense of the Purchaser. The notification of the
failure will include as much information as practicable about the
circumstances and operating environment at the time of the failure. Upon
receipt of such notification by the Purchaser (which may precede receipt of
the Failed Component), the Contractor shall ship to the location of the
Failed Component an identical component for installation by Purchaser
personnel. The Contractor shall ship such replacement component(s)
Delivery Duty Paid. Such transportation and replenishment charges are
included in the cost of line item of the Contract identified as the warranty.
27.7.
In such rare cases where the Failed Component is either too large to be
easily transported or the Failed Component cannot be readily identified and
isolated within the larger entity, the Contractor shall be notified by the
Purchaser of the failure immediately by telephone, fax or e-mail. The
Contractor shall provide technical support to the Purchaser personnel in
identifying the Failed Component so as to afford the Purchaser the
opportunity to return the Failed Component. In such a case where the
Failed Component cannot be identified or is not cost effective or practical to
ship to the Contractor’s facility, the Contractor may elect to send field
service personnel to the site of the failure and repair such equipment on
location. In this event, such field service personnel shall be dispatched to
the site of the failure within forty-eight (48) hours of initial notification. The
expense of the technical support and field service shall be borne by the
Contractor.
27.8.
The Contractor shall conduct analysis of all Failed Components which are
returned to him by the Purchaser or repaired in the field by Contractor field
service personnel to determine the cause of the failure. The Contractor
shall issue a report to the Purchaser within thirty (30) days of receipt of a
returned item or field repair which contains the results of the analysis. The
report shall contain the conclusion of the Contractor as to whether the cause
of the failure was due to a Manufacturing Defect or a Design Defect and
declare what course of remedial action the Contractor shall implement to
prevent further failures of a similar nature. Repetitive failures of the same
component may be grounds for a de facto determination by the Purchaser
that a Design Defect exists.
27.9.
If the Purchaser determines that a Design Defect exists in any of the Work
accepted by the Purchaser under this Contract, the Purchaser shall
promptly notify the Contractor of the Defect, in writing, within ninety (90)
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days after discovery of the Defect. Upon timely notification of the existence
of a Defect, or if the Contractor independently discovers a Design Defect or
Manufacturing Defect in accepted Work, the Contractor shall submit to the
Purchaser, in writing within thirty (30) days, a recommendation for corrective
actions, together with supporting information in sufficient detail for the
Purchaser to determine what corrective action, if any, shall be undertaken.
27.10. The Contractor shall also prepare and furnish to the Purchaser data and
reports applicable to any Correction required under this Clause (including
revision and updating of all other affected data and already accepted
documentation called for under this Contract) at no increase in the Contract
price.
27.11. In the event of timely notice of a decision not to correct or only to partially
correct, the Contractor shall submit a technical and cost proposal within
forty-five (45) days to amend the Contract to permit Acceptance of the
affected Work in accordance with the revised requirement, and an equitable
reduction in the Contract price shall promptly be negotiated by the Parties
and be reflected in a supplemental agreement to this Contract.
27.12. Within thirty (30) days after receipt of the Contractor's recommendations for
corrective action and adequate supporting information in accordance with
Clause 27.9, the Purchaser using sole discretion, shall give the Contractor
written notice not to correct any Defect, or to correct or partially correct any
Defect within a reasonable time.
27.13. The Contractor shall promptly comply with any timely written direction from
the Purchaser to correct or partially correct a manufacturing or Design
Defect, at no increase in the Contract price.
27.14. The Purchaser shall give the Contractor a written notice specifying any
failure or refusal of the Contractor to:
27.14.1.
conduct analyses of Failed components and implement a
course of remedial action as required by Clauses 27.7 and 27.8;
27.14.2.
provide replacement components, technical support or onlocation field repair service in accordance with Clauses 27.6 and
27.7; or
27.14.3.
prepare and furnish data and reports as required by Clause
27.10.
27.15. The notice referred to in Clause 27.14 shall specify a period of time following
receipt of the notice by the Contractor in which the Contractor must remedy
the failure or refusal specified in the notice.
27.16. If the Contractor does not comply with the Purchaser's written notice in
Clause 27.14, the Purchaser may by Contract or otherwise:
27.16.1.
Obtain detailed recommendations for corrective action from its
own resources or third parties and either:
27.16.1.1. correct the Work;
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27.16.1.2. replace the Work, and if the Contractor fails to furnish
timely disposition instructions, the Purchaser may
dispose of the non-confirming Work for the Purchaser's
account in a reasonable manner, in which case the
Purchaser is entitled to reimbursement from the
Contractor, or from the proceeds, for the reasonable
expenses of care and disposition, as well as for excess
costs incurred or to be incurred;
27.16.1.3. obtain applicable data and reports; and/or
27.16.1.4. charge the Contractor for the costs incurred by the
Purchaser.
27.17. In no event shall the Purchaser be responsible for any extension or delays in
the scheduled deliveries or periods of performance under this Contract as a
result of the Contractor's obligations to correct Defects, nor shall there be
any adjustment of the delivery schedule or period of performance as a result
of the Correction of Defects unless provided by a supplemental agreement
with adequate consideration.
27.18. The rights and remedies of the Purchaser provided in this Clause shall not
be affected in any way by any terms or conditions of this Contract
concerning the conclusiveness of inspection and Acceptance and are in
addition to, and do not limit, any rights afforded to the Purchaser by any
other Clause of this Contract or applicable law.
28.
RIGHT OF ACCESS, EXAMINATION OF RECORDS
28.1.
The Contractor shall give to the Purchaser and/or his representative(s) full
and free access to his premises as and when required for the purpose of
this Contract and shall ensure the same right of access to the premises of
his Sub-contractors, by the inclusion in any such Sub-contracts of a
provision substantially as set forth in this Clause.
28.2.
The Purchaser and/or his representative(s) shall continue to have such right
of access and examination of records as set forth in Clause 28.1 above until
final payment under the Contract or the end of the warranty provisions
under the Contract, whichever occurs later.
28.3.
The expiration of the Purchaser’s rights as set forth in Clause 28.2 is further
subject to the provisions of Clause 19 (Pricing of Changes, Amendments
and Claims), where a three (3) year right is established following the
agreement of contractual amendments or the settlement of claims based
upon the submission of cost and pricing data.
28.4.
The period of access and examination described in Clause 28.1 above for
records not related to cost aspects of a dispute or claim but which relate to
issues of fact arising under either proceedings under Clause 41 (Disputes)
or Clause 42 (Arbitration), or the settlement of claims made by either Party
pursuant to the performance of this Contract, shall continue until such
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appeals, litigation or claims have been disposed of.
29.
PATENT AND COPYRIGHT INDEMNITY
29.1.
The Contractor shall assume all liability against any and all third party
claims that the services, Work and/or parts thereof, in whole or in part,
infringe(s) an IPR in force in any countries, arising out of the
manufacture, import, export, performance of the services or delivery of
Work and/or out of the use or disposal by, or for the account of, the
Purchaser of such Services and/or Work. The Contractor shall
reimburse and/or indemnify the Purchaser, its officers, agents,
employees and/or consultants: (i) for all costs, fees, damages, awards,
settlement amounts and any other expenses awarded to the third party
right holder against Purchaser and/or the final beneficiaries of the Work
in relation to said third party claim; and (ii) for the costs and expenses
incurred by the Purchaser in relation to said third party claims, including
attorney fees. The Contractor shall be responsible for obtaining any
licences necessary for the performance of this Contract and for making
all other arrangements required to indemnify the Purchaser from any
liability for IPR infringement in said countries.
29.2.
Each Party shall immediately notify the other of any intellectual property
infringement claims of which he has knowledge and which pertain to the
Work under this Contract.
29.3.
This indemnity shall not apply under the following circumstances:
29.3.1. Patents or copyright which may be withheld from issue by order of
the applicable government whether due to security regulations or
otherwise;
29.3.2. An infringement resulting from specific written instructions from the
Purchaser under this Contract;
29.3.3. An infringement resulting from changes made to the Work by the
Purchaser without the Contractor prior written consent;
29.4.
An infringement resulting from changes or additions to the Work subsequent
to final delivery and Acceptance under this Contract.
30.
INTELLECTUAL PROPERTY
30.1.
Purchaser Background IPR
30.1.1. The Contractor is licensed to use, non-exclusively and royalty-free
any Purchaser Background IPR that is or will be made available for
the sole purpose of carrying out the Work.
30.1.2. The Contractor shall not use any Purchaser Background IPR other
than for the purpose of carrying out the Work without the prior
written agreement of the Purchaser. Any such agreement shall
include the terms relating to such use.
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30.1.3. The Purchaser gives no warranty as to the validity of any Purchaser
Background IPR. The Contractor shall not do anything or act in any
way which is inconsistent with or prejudicial to the ownership by the
Purchaser of any Purchaser Background IPR.
30.2.
Contractor Background IPR
30.2.1. Any use of Contractor Background IPR for the purpose of carrying
out the Work pursuant to the Contract shall, subject to any
obligation on the part of the Contractor to make payments to any
third party in respect of IPR which is licensed from such third party,
be free of any charge to Purchaser. The Contractor hereby grants to
NATO a non-exclusive, royalty-free and irrevocable licence to use
and authorise others to use any Contractor Background IPR for the
purpose of exploiting or otherwise using the Foreground IPR.
30.2.2. Any use of Contractor Background IPR is not limited to the number
of users or the number of licenses required by the Contract for the
use of system. The Purchaser reserves the right to use the
Contractor Background IPR for any number of users and number of
licenses as required, at no additional cost to the Purchaser.
30.3.
Foreground IPR
30.3.1. All Foreground IPR is the property of the Purchaser on behalf of
NATO. Consequently, no statement shall be made restricting the
rights of the Purchaser in the Foreground IPR. All Foreground IPR
are immediately and exclusively transferred and assigned to the
Purchaser as from their coming into existence or, as the case may
be, as from the execution of this Contract for rights already in
existence at the time of execution of this Contract.
30.3.2. The Contractor shall ensure that suitable arrangements are in place
between its employees, agents, consultants and itself regarding
Foreground IPR generated by said employees, agents,
Subcontractors and consultants to allow the Contractor to fulfil its
obligations under Clause 30.3.1 above.
30.3.3. The Contractor shall be entitled to use Foreground IPR on a nonexclusive, royalty free basis solely for the purpose of carrying out the
Work.
30.3.4. The Contractor shall not use any Foreground IPR other than for the
purpose of carrying out the Work without the Purchaser's prior
written agreement. Any such agreement shall include terms relating
to such use.
30.3.5. The Contractor shall provide the Purchaser, at the latest upon
delivery of the Work and thereafter for the duration of the warranty
and any purchased CLS agreement period, with full documented
records of information in relation to the Work, including but not
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limited to, all drawings, specifications and other data that is
necessary or useful to further develop, maintain and operate the
Work.
30.3.6. The Contractor shall:
30.3.6.1.
do all things necessary and sign all necessary or useful
documents to enable the Purchaser to obtain the
registration of the Foreground IPR as the Purchaser may
require and select; and
30.3.6.2.
to execute any formal assignment or other documents as
may be necessary or useful to vest title to any
Foreground IPR in the Purchaser.
30.3.7. The Contractor undertakes:
30.3.7.1.
to notify the Purchaser promptly of any invention or
improvement to an invention or any design conceived or
made by the Contractor; and
30.3.7.2.
to provide the Purchaser with such information as the
Purchaser may reasonably request in order to: (i)
determine the patentability of such invention or
improvement; (ii) assess the need for registering such
invention or improvement; and (iii) evaluate the potential
value to the Purchaser of such a patent or registration if
issued.
30.3.8. If the Purchaser determines that it wishes to apply for one or more
patents for the disclosed invention or improvement or for a
registration for the disclosed design, it will prosecute such
application(s) at its own expense. The Contractor undertakes to
provide the Purchaser, at the Purchaser's expense, with such
information and assistance as the Purchaser shall reasonably
require to prosecute such application(s).
30.4.
Third Party IPR
30.4.1. Where Third Party IPR is the subject of a licence or other agreement
between the third party and the Purchaser or the Contractor, the
Contractor shall not use any Third Party IPR for the purposes of
carrying out work pursuant to the Contract without the prior written
approval of the Purchaser. Contractor shall inform Purchaser in
advance of any restrictions on the Purchaser’s use.
30.4.2. If, after the award of the Contract, the Contractor becomes aware of
the existence of any Third Party IPR which the Contractor is using or
believes is needed for the performance of the Contract, the
Contractor shall immediately give the Purchaser a written report
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identifying such IPR and if they are compliant with the other
provisions in the contract. Any Third Party IPR under this clause is
subject to the prior written approval by the Purchaser.
30.5.
Subcontractor IPR
30.5.1. When placing a Sub-contract which is concerned with or involves the
creation of IPR, the Contractor shall ensure that the Sub-contractor
enters into the same agreement for the use of the IPR as stipulated
in this Contract in such a way that the Purchaser will be entitled to
use the IPR as agreed between the Purchaser and the Contractor.
The Contractor shall include in the Sub-contract the content of the
provisions of this Clause.
31.
SOFTWARE WARRANTY
31.1.
Statement of the Warranties
31.1.1.
The Contractor warrants that each Software delivered under this
Contract will conform to all requirements specified in the Contract. This
will also include Software design specifications, including software
configuration.
31.1.2.
Regardless of the Purchaser initiation of or participation in
developing Software design or specifications, each Software delivered
under this Contract will conform to the essential Performance
requirements set forth in this Contract, as those essential Performance
requirements measured, tested, and verified by tests and procedures set
forth in this Contract.
31.2.
Notification Requirement
31.2.1.
The Contractor agrees to notify the Purchaser in writing
immediately after he first discovers that a defect(s) may exist in Software
delivered under this Contract, unless the Purchaser has first notified the
Contractor, in writing, of the same defect(s).
31.2.2.
The Purchaser shall notify the Contractor upon discovery that a
defect(s) may exist in any Software accepted by the Purchaser under this
Contract, unless the Contractor has first notified the Purchaser, in writing
of the same defect(s).
31.3.
Duration of the Warranty
31.3.1.
For each Software delivered under this Contract, the Contractor
Warranties stated in paragraph 31.1 above shall extend to all defects
discovered within 12 months from the date of acceptance of the Software
by the Purchaser.
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31.4.
Purchaser Remedies for Breach
31.4.1.
The rights and remedies of the Purchaser under this Software
Warranty:
31.4.1.1. Are in addition to any rights and remedies of the Purchaser
under any other provision of this Contract, including, but not limited
to, the Purchaser’s rights in relation to latent defects, fraud, or gross
mistakes that amount to fraud; and
31.4.1.2. Shall apply notwithstanding inspection, acceptance, or any other
clauses or terms of this Contract;
31.4.2.
In the event of any defect as defined herein with respect to a
Software delivered under this Contract, the Purchaser, in its sole
discretion may:
31.4.2.1. Require the Contractor to take such action as may be necessary
to eliminate the defect, at no additional cost to the Purchaser for
materials, labour, transportation, or otherwise;
31.4.2.2. Require the Contractor to supply, at no additional cost to the
Purchaser, all materials and instructions necessary for the
Purchaser to eliminate the defect and to pay costs reasonably
incurred by the Purchaser in taking such action as may be
necessary to eliminate the defect, or;
31.4.2.3. Equitably reduce the contract price
31.4.3.
The Purchaser may elect the remedies provided in paragraph
31.4.2.1 or 31.4.2.2 above notwithstanding any dispute respecting the
existence of or responsibility for any alleged defect as defined herein with
respect to any Software delivered under this contract, provided that the
Contractor will not be required to pay costs incurred by the Purchaser
under paragraph 31.4.2.2 until final determination of the defect. In the
event that the alleged defect is subsequently determined not to be a
defect subject to this warranty but the Contractor has incurred costs
under paragraph 31.4.2.1 and 31.4.2.2 as required by the Contract by
virtue of this paragraph 31.4.3, the contract price under this contract shall
be equitably adjusted.
31.4.4.
Election by the Purchaser of the remedy provided under
paragraph 31.4.2.1 and 31.4.2.2 above shall not preclude subsequent
election of a different remedy under paragraph 31.4.2 if the defect is not
successfully eliminated under the prior election with one month of the
notification under paragraph 31.2 above.
31.5.
Limitations and Exclusions from Warranty Coverage
31.5.1.
This Software Warranty shall not apply to alleged defects that
the Contractor demonstrates to be in or otherwise attributable to the
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Purchaser furnished property as determined, tested, and verified by the
tests and procedures set forth in this Contract. Notwithstanding this
paragraph , a defect is not attributable to Purchaser furnished property if
it is the result of installation or modification of Purchaser furnished
property by the Contractor or of the integration of Purchaser furnished
property into any Software delivered under this Contract.
31.5.2.
Any Purchaser Furnished Property needs to be checked and
approved by the Contractor. Approval is implied once the Contractor
starts using the Purchaser Furnished Property.
31.6.
Markings
31.6.1.
All Software delivered under this Contract will be marked with, or
the operating and/or maintenance manuals or instructions accompanying
such Software will prominently include, notice of the existence of this
warranty, its substance, its duration, and instructions to notify the
Purchaser promptly if the Software is found to be defective.
32.
NATO CODIFICATION
32.1.
For the purposes of this Clause "Technical Data" means the drawings,
specifications and technical documentation of those items designated by the
Purchaser to support the equipment covered by the Contract, and required
to fully identify the items and, if applicable, draft item identifications to the
extent and in the form to be agreed between the Codification Authority and
the Contractor.
32.2.
In order to ensure the orderly identification of equipment, the Contractor
shall furnish at the request of the Codification Authority the Technical Data
required for the identification of the items of supply to the NATO codification
system in the time scale stated in this Contract.
32.3.
A recommended spare parts list or a similar data carrier prepared in
accordance with instructions provided by the Purchaser as the basis for
codification shall be supplied by the Contractor by the date established in
this Contract.
32.4.
The Contractor shall supply or require his Sub-contractor(s)/supplier(s) to
supply on request for the period of time specified in the Contract the
relevant Technical Data for all items and sub-contracted items to the
Codification Authority and the Purchaser. The Contractor shall require that
each Sub-contractor/supplier shall include identical conditions in any
subsequent order which he may place.
32.5.
The drawings, specifications, related documentation and, if applicable, draft
item identifications, prepared when possible by the true manufacturer of the
item, shall be supplied by the Contractor or his Sub-contractor(s)/supplier(s)
direct to the Codification Authority and, if required, to the Purchaser as and
when they become available or, at the latest within the time limits specified
in the Contract. The Contractor shall inform the Codification Authority and
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Purchaser within twenty-one (21) Days of receipt of the request if the
required Technical Data are not immediately available, and shall impose a
similar obligation upon his Sub-contractor(s)/supplier(s)
32.6.
Except as hereinafter provided, the Contractor shall require the Subcontractor(s)/supplier(s) to furnish on request the information direct to the
Codification Authority in the Sub-contractor(s)/supplier(s)' country, but the
Contractor shall remain responsible for ensuring that the information is so
furnished. In the event of a Sub-contract order being placed with a
manufacturer in a non-NATO country, the Contractor shall be responsible
for obtaining Technical Data from the Sub-contractor/supplier and furnishing
it to the Purchaser.
32.7.
Technical Data relating to any Sub-contractor's/supplier's items shall include
but not be limited to the name and address of the true manufacturer(s),
his/their true reference number(s), drawing or item Part number(s) and
applicable data in addition to any Part or reference number(s) allocated by
the Contractor, plus draft item identification(s) if required by the Codification
Authority.
32.8.
The Contractor shall provide the Technical Data required for codification of
those items ordered with this Contract and also for the pertaining support
items ordered with future contracts, including updating information regarding
all agreed modifications, design or drawing changes made to the equipment
or detailed Parts.
32.9.
If the Contractor has previously supplied Technical Data (for the purpose
stated in Clause 31.2), the Contractor is to state this fact and indicate to
whom they were supplied and the Contractor shall not under normal
circumstances be required to make a further supply of the Technical Data
already provided. The Technical Data furnished by the Contractor and Subcontractor(s)/supplier(s) are to be presented in accordance with the
requirements for the preparation of item identification(s) as outlined in the
Guide for Industry provided by the Codification Authority.
32.10. The Contractor should contact the Codification Authority for any information
concerning the NATO codification system. This information is to be found at:
“http://www.nato.int/structur/ac/135/ncs_guide/e_guide.htm”
33.
RELEASE FROM CLAIMS
33.1.
Prior to final payment under this Contract, the Contractor and each assignee
under this Contract shall execute and deliver a release discharging the
Purchaser, its officers, agents and employees from all liabilities, obligations
and claims arising out of or under this Contract subject only to the following
exceptions:
33.1.1. specified claims in stated amounts or in estimated amounts where
the amounts are not susceptible to exact statement by the
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Contractor;
33.1.2. claims for reimbursement of costs (other than expenses of the
Contractor by reason of his indemnification of the Purchaser against
patent liability) including reasonable expenses incidental thereto,
incurred by the Contractor under the provisions of this Contract
relating to patents.
33.1.3. a patent infringement resulting from specific written instructions from
the Purchaser under this Contract.
33.1.4. a patent infringement resulting from changes or additions to the
goods and services subsequent to final delivery and acceptance
under this Contract.
34.
ASSIGNMENT OF CONTRACT
34.1.
The Purchaser reserves the right to assign this Contract, in whole or in part,
to another NATO body, agency or representative within NATO or NATO
Nations. In such a case, the Purchaser shall notify the Contractor
accordingly in writing.
34.2.
NATO shall remain responsible for its obligations under the Contract and for
the actions of the body, agency or representative to which this Contract may
be assigned.
35.
TRANSFER AND SUB-LETTING
35.1.
The Contractor shall not give, bargain, sell, assign, sub-let or otherwise
dispose of the Contract or any part thereof or the benefit or advantage of the
Contract or any part thereof without the prior written consent of the
Purchaser.
36.
PURCHASER DELAY OF WORK
36.1.
If the performance of all or any part of the Work is delayed or interrupted by
an act of the Purchaser in the administration of this Contract, which act is not
expressly or implicitly authorised by this Contract, or by the Purchaser’s
failure to act within the time specified in this Contract (or within a reasonable
time if no time is specified), an adjustment shall be made for any increase in
the cost of performance of this Contract caused by such delay or interruption
and the Contract modified in writing accordingly.
36.2.
Adjustment shall be made also in the delivery or performance dates and any
other contractual provision affected by such delay or interruption. However,
no adjustment shall be made under this Clause for any delay or interruption:
36.2.1. to the extent that performance would have been delayed or
interrupted by any other cause, including the fault or negligence of
the Contractor; or
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36.2.2. for which an adjustment is provided or excluded under any other
provision of this Contract.
36.3.
No claim under this Clause shall be allowed:
36.3.1. if the Contractor has failed to notify the Purchaser in writing of the
act or failure to act, indicating that this act or failure to act will result
in a delay or increased costs;
36.3.2. for any costs incurred more than twenty (20) Days before the
Contractor shall have notified the Purchaser in writing of the act or
failure to act involved; and
36.3.3. unless the monetary claim, in an amount stated, is asserted in
writing as soon as practicable after the termination of such delay or
interruption, but not later than the date of final payment under the
Contract.
37.
CONTRACTOR NOTICE OF DELAY
37.1.
In the event that the Contractor encounters difficulty in complying with the
Contract schedule date(s) for whatever reason, including actual or potential
labour disputes, the Contractor shall immediately notify the Contracting
Authority in writing, giving pertinent details. This data shall be deemed to be
informational in character and shall not be construed as a waiver by the
Purchaser of any schedule or date, or of any rights or remedies provided by
law or under this Contract.
37.2.
Notwithstanding the above the Contractor shall be deemed to be in delay
without notice from the Purchaser and only by simple expiry of the due date.
38.
LIQUIDATED DAMAGES
38.1.
If the Contractor:
38.1.1. fails to meet the delivery schedule of the Work or any performance
milestones specified in the Schedule of Work to this Contract, or any
extension thereof, or
38.1.2. fails to obtain acceptance of the delivered Work as specified in the
Contract, or, if no time for acceptance is specified in the contract
within a reasonable time after work is delivered.
the actual damage to the Purchaser for the delay will be difficult or
impossible to determine. Therefore, in lieu of actual damages the Contractor
shall pay to the Purchaser, for each day of delinquency in achieving the
deadline or milestone, fixed and agreed liquidated damages of 1.0% (one
per cent) per day of the associated payment set forth in the Schedule of
Payments provided in the Special Contract Provisions. If no Schedule of
Payments is specifically set forth in the Special Contract Provisions, the
liquidated damages will be assessed against the price of the applicable
contract line item (CLIN) of the Schedule of Supplies, Services and Prices.
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38.2.
In addition to the liquidated damages referred to above, the Purchaser shall
have the possibility of terminating this Contract in whole or in part, as
provided in Clause 39 (Termination for Default). In the event of such
termination, the Contractor shall be liable to pay the excess costs provided in
Clause 38.5.
38.3.
The Contractor shall not be charged with liquidated damages when the delay
arises out of causes beyond the control and without the fault or negligence of
the Contractor as defined in Clause 39.6 (Termination for Default). In such
event, subject to the provisions of Clause 41 (Disputes), the Purchaser shall
ascertain the facts and extent of the delay and shall extend the time for
performance of the Contract when in his judgement the findings of the fact
justify an extension.
38.4.
Liquidated damages shall be payable to the Purchaser from the first day of
delinquency and shall accrue at the rate specified in Clause 38.1 to 15% of
the value of each line item individually and an aggregate sum of all
delinquent items not to exceed 15% of the value of the total Contract. These
liquidated damages shall accrue automatically and without any further notice
being required.
38.5.
The rights and remedies of the Purchaser under this clause are in addition to
any other rights and remedies provided by law or under this Contract.
39.
TERMINATION FOR DEFAULT
39.1.
The Purchaser may, subject to Clause 39.6 below, by written notice of default
to the Contractor, terminate the whole or any part of this Contract if the
Contractor, inclusive but not limited to:
39.1.1. fails to make delivery of all or part of the Work within the time
specified in the contract or any agreed extension thereof;
39.1.2. fails to make progress as to endanger performance of this Contract
in accordance with its terms;
39.1.3. fails to meet the technical requirements or the Specifications of the
Contract;
39.1.4. fails to comply with Clause 11 (Security);
39.1.5. transfer this Contract without the Purchaser’s prior written consent;
39.1.6. breaches any provision of this Contract; or
39.2.
In the case of any of the circumstances set forth in Clause 39.1 above, the
Purchaser shall issue a letter to the Contractor stating that an actual or
potential default exists and requiring a response from the Contractor within
ten (10) Days that identifies:
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39.2.1. in the case of late delivery of Work, when the Contractor shall deliver
the Work and what circumstances exist which may be considered
excusable delays under Clause 39.6.
39.2.2. in the case of the other circumstances identified in Clause 39.1
above, what steps the Contractor is taking to cure such failure(s)
within a period of ten Days (or such longer period as the Purchaser
may authorise in writing) after receipt of notice in writing from the
Purchaser specifying such failure and identifying any circumstances
which exist which may be considered excusable under Clause 39.6.
39.3.
The Purchaser shall evaluate the response provided by the Contractor or, in
the absence of a reply within the time period mentioned in Clause 39.2, all
relevant elements of the case, and make a written determination within a
reasonable period of time that:
39.3.1. sufficient grounds exist to terminate the Contract in whole or in part
in accordance with this Clause and that the Contract is so
terminated;
39.3.2. there are mitigating circumstances and the Contract should be
amended accordingly; or
39.3.3. the Purchaser will enter a period of forbearance in which the
Contractor must show progress, make deliveries, or comply with the
Contract provisions as specified by the Purchaser. The Purchaser
may apply other remedial actions as provided by this Contract during
such period of forbearance. This period of forbearance shall in no
event constitute a waiver of Purchaser’s rights to terminate the
Contract for default.
39.4.
At the end of the period of forbearance, which may be extended at the
Purchaser's discretion, the Purchaser may terminate this Contract in whole
or in part as provided in Clause 39.1 if the Contractor has not made
adequate progress, deliveries or compliance with the Contract provisions
which were the terms of the period of forbearance.
39.5.
In the event the Purchaser terminates this Contract in whole or in part, as
provided in Clause 39.1, the Purchaser may procure, upon such terms and in
such manner as the Purchaser may deem appropriate, Work similar to those
so terminated, and the Contractor shall be liable to the Purchaser for any
excess costs for such similar Work; however, the Contractor shall continue
the performance of this Contract to the extent not terminated under the
provisions of this clause.
39.6.
Except with respect to the default of Sub-contractors, the Contractor shall not
be held liable for a termination of the Contract for default if the failure to
perform the Contract arises out of causes beyond the control and without the
fault or negligence of the Contractor.
39.6.1. Such causes may include, but are not restricted to, acts of God, acts
of the public enemy, acts of the Purchaser in its contractual capacity,
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acts of sovereign governments which the Contractor could not
reasonably have anticipated, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and unusually severe
weather; but in every case the failure to perform must be beyond the
control and without the fault or negligence of the Contractor.
39.6.2. If the failure to perform is caused by the default of a Sub-contractor,
and if such default arises out of causes beyond the control of both
the Contractor and Sub-contractor, without the fault or negligence of
either of them, the Contractor shall not be held liable for a
termination for default for failure to perform unless the Work to be
furnished by the Sub-contractor were obtainable from other sources
in sufficient time to permit the Contractor to meet the required
delivery schedule.
39.7.
If this Contract is terminated as provided in Clause 39.1, the Purchaser, in
addition to any other rights provided in this Clause and the Contract, may
require the Contractor to transfer title and deliver to the Purchaser, in the
manner and to the extent directed by the Purchaser:
39.7.1. any completed Work with associated rights ;
39.7.2. such partially completed Work, materials, Parts, tools, dies, jigs,
fixtures, plans, drawings, information, and Contract rights
(hereinafter called "Manufacturing materials") with associated rights
as the Contractor has specifically produced or specifically acquired
for the performance of such part of this Contract as has been
terminated;
39.8.
In addition to Clause 39.7, the Contractor shall, upon direction of the
Purchaser, protect and preserve property in the possession of the Contractor
in which the Purchaser has an interest.
39.9.
Payment for completed Work delivered to and accepted by the Purchaser
shall be at the Contract price.
39.10. Payment for manufacturing materials delivered to and accepted by the
Purchaser and for the protection and preservation of property shall be in an
amount agreed upon by the Contractor and Purchaser, failure to agree to
such amount shall be a dispute within the meaning of Clause 41 (Disputes).
39.11. The Purchaser may withhold from amounts otherwise due to the Contractor
for such completed Work or manufacturing materials such sum as the
Purchaser determines to be necessary to protect the Purchaser against loss
because of outstanding liens or claims of former lien holders.
39.12. If, after notice of termination of this Contract under the provisions of this
Clause, it is determined for any reason that the Contractor was not in default
under the provisions of this Clause, or that the default was excusable under
the provisions of this Clause, the rights and obligations of the Parties shall be
the same as if the notice of termination had been issued pursuant to Clause
40 (Termination for the Convenience of the Purchaser).
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39.13. If after such notice of termination of this Contract under the provisions of this
Clause, it is determined for any reason that the Contractor was not in default
under the provisions of this Clause and that the Parties agree that the
Contract should be continued, the Contract shall be equitably adjusted to
compensate for such termination and the Contract modified accordingly.
Failure to agree to any such adjustment shall be a dispute within the
meaning of Clause 41 (Disputes).
39.14. The rights and remedies of the Purchaser provided in this Clause shall not be
exclusive and are in addition to any other rights and remedies provided by
law or under this Contract.
40.
TERMINATION FOR THE CONVENIENCE OF THE PURCHASER
40.1.
The performance of Work under this Contract may be terminated by the
Purchaser in accordance with this Clause in whole, or from time to time in
part, whenever the Purchaser shall determine that such termination is in the
best interest of the Purchaser.
40.2.
Any such termination shall be effected by delivery to the Contractor of a
written notice of termination, signed by the Contracting Authority, specifying
the extent to which performance of Work under the Contract is terminated,
and the date upon which such termination becomes effective.
40.3.
After receipt of a Notice of Termination and except as otherwise directed by
the Contracting Authority, the Contractor shall:
40.3.1. stop the Work on the date and to the extent specified in the notice of
termination;
40.3.2. place no further orders or Sub-contracts for Work, Parts, materials,
services or facilities, except as may be necessary for completion of
such portion of the Work under the Contract as is not terminated;
40.3.3. terminate all orders and Sub-contracts to the extent that they relate
to the performance of Work terminated by the Notice of Termination;
40.3.4. assign to the Purchaser, in the manner, at the times and to the
extent directed by the Purchaser, all of the right, title and interest of
the Contractor under the orders and Sub-contracts so terminated, in
which case the Purchaser shall have the right, in its discretion, to
settle or pay any or all claims arising out of the termination of such
orders and Sub-contracts;
40.3.5. settle all outstanding liabilities and all claims arising out of such
termination of orders and Sub-contracts, with the approval or
ratification of the Purchaser to the extent he may require, which
approval or ratification shall be final for all the purposes of this
Clause;
40.3.6. transfer title and deliver to the Purchaser in the manner, at the times,
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and to the extent, if any, directed by the Contracting Authority of:
40.3.6.1.
the fabricated parts, work in process, completed work,
Work, and other material produced as a part of, or
acquired in connection with the performance of the Work
terminated by the notice of termination, and
40.3.6.2.
the completed or partially completed plans, drawings,
information, and other property which, if the Contract had
been completed, would have been required to be
furnished to the Purchaser;
40.3.7. use his best efforts to sell, in the manner, at the times, to the extent,
and at the price or prices directed or authorised by the Contracting
Authority, any property of the types referred to in Clause 40.3.6
above. However, the Contractor:
40.3.7.1.
shall not be required to extend credit to any Buyer; and
40.3.7.2.
may acquire any such property under the conditions
prescribed by and at a price or prices approved by the
Purchaser; and provided further that the proceeds of any
such transfer or disposition shall be applied in reduction
of any payments to be made by the Purchaser to the
Contractor under this Contract or shall otherwise be
credited to the price or cost of the Work or paid in such
manner as the Contracting Authority may direct;
40.3.8. complete performance of such part of the Work as shall not have
been terminated by the Notice of Termination; and
40.3.9. take such action as may be necessary, or as the Purchaser may
direct, for the protection and preservation of the property related to
this Contract which is in the possession of the Contractor and in
which the Purchaser has or may acquire an interest.
40.4.
The Contractor may submit to the Purchaser a list, certified as to quantity and
quality, of any or all items of termination inventory not previously disposed of,
exclusive of items the disposition of which has been directed or authorised
by the Purchaser, and may request the Purchaser to remove such items or
enter into a storage agreement covering the same; provided that the list
submitted shall be subject to verification by the Purchaser upon removal of
the items, or if the items are stored, within forty-five (45) Days from the date
of submission of the list, and any necessary adjustment to correct the list as
submitted shall be made prior to final settlement.
40.5.
After receipt of a notice of termination, the Contractor shall submit to the
Purchaser his termination Claim for the Work covered by the notice of
termination, in the form and with certification prescribed by the Purchaser.
Such claim shall be submitted promptly but in no event later than six (6)
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months from the effective date of termination, unless one or more extensions
are granted in writing by the Purchaser, upon request of the Contractor made
in writing within such six-month period or authorised extension thereof.
However, if the Purchaser determines that the facts justify such action, the
Purchaser may receive and act upon any such termination claim at any time
after such six-month period or any extension thereof. Upon failure of the
Contractor to submit his termination claim within the time allowed, the
Purchaser may determine on the basis of information available to him, the
amount, if any, due to the Contractor by reason of the termination and shall
thereupon pay to the Contractor the amount so determined.
40.6.
Subject to the provisions of Clause 40.5, the Contractor and the Purchaser
may agree upon the whole or any part of the amount or amounts to be paid
to the Contractor by reason of the total or partial termination of Work
pursuant to this Clause, which amount or amounts may include a reasonable
allowance for profit on work done; provided that such agreed amount or
amounts exclusive of settlement costs shall not exceed total Contract price
as reduced by the amount of payments otherwise made and as further
reduced by the Contract price of the Work not terminated. The Contract
shall be amended accordingly and the Contractor shall be paid the amount
agreed.
40.7.
In the event of the failure of the Contractor and the Purchaser to agree as
provided in Clause 40.6 upon the whole amount to be paid to the Contractor
by reason of the termination of Work pursuant to Clause 40, the Purchaser
shall pay to the Contractor the amounts determined by the Purchaser as
follows, but without duplication of any amounts agreed upon in accordance
with Clause 40.6 the total of:
40.7.1. for completed Work accepted by the Purchaser (or sold or acquired
as provided in Clause 40.3 above) and not therefore paid for, a sum
equivalent to the aggregate price for such Work computed in
accordance with the price or prices specified in the Contract,
appropriately adjusted for any saving of freight or other charges;
40.7.2. the costs incurred in the performance of the Work terminated
including initial costs and preparatory expense allocable thereto, but
exclusive of any costs attributable to Work paid or to be paid for
under Clause 40.7.1;
40.7.3. the cost of settling and paying claims arising out of the termination of
work under Sub-contracts or orders, as provided in Clause 40.3.5,
which are properly chargeable to the terminated portion of the
Contract, exclusive of amounts paid or payable on account of Work
or materials delivered or services furnished by Sub-contractors or
vendors prior to the effective date of the notice of termination, which
amounts shall be included in the costs payable under Clause 40.7.2;
and
40.7.4. a sum, as profit on Clause 40.7.1 above, determined by the
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Purchaser to be fair and reasonable; provided, however, that if it
appears that the Contractor would have sustained a loss on the
entire Contract, had it been completed, no profit shall be included or
allowed and an appropriate adjustment shall be made reducing the
amount of the settlement to reflect the indicated rate of loss; and
40.7.5. the reasonable costs of settlement, including accounting, legal,
clerical and other expenses reasonably necessary for the
preparation of settlement claims and supporting data with respect to
the terminated portion of the Contract and for the termination and
settlement of Sub-contracts there under, together with reasonable
storage, transportation, and other costs incurred in connection with
the protection, or disposition of property allocable to this Contract.
40.8.
The total sum to be paid to the Contractor under Clause 40.7 shall not
exceed the total Contract price as reduced by the amount of payments
otherwise made and as further reduced by the Contract price of Work not
terminated.
40.9.
Except for normal spoilage, and except to the extent that the Purchaser shall
have otherwise expressly assumed the risk of loss, there shall be excluded
from the amounts payable to the Contractor, as provided in Clause 40.7
above, the fair value, as determined by the Purchaser, of property which is
destroyed, lost, stolen, or damaged so as to become undeliverable to the
Purchaser, or to a buyer pursuant to Clause 40.3.7 above.
40.10. The Contractor shall have the right to dispute, under the Clause 41
(Disputes), any determination made by the Purchaser under Clauses 40.5
and 40.7, except that if the Contractor has failed to submit his claim within
the time provided in Clause 40.5 and has failed to request extension of such
time, the Contractor shall be foreclosed from his right to dispute said
determination. In any case where the Purchaser has made a determination
of the amount due under Clauses 40.5 and 40.7, the Purchaser shall pay the
Contractor the following:
40.10.1.
if there is no right of appeal hereunder or if no timely appeal has
been taken, the amount so determined by the Purchaser, or
40.10.2.
if an appeal has been taken, the amount finally determined on
such appeal.
40.11. In arriving at the amount due to the Contractor under this Clause there shall
be deducted:
40.11.1.
all unliquidated advance or other payments on account
theretofore made to the Contractor, applicable to the terminated
portion of this Contract;
40.11.2.
any claim which the Purchaser may have against the Contractor
in connection with this Contract; and
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40.11.3.
the agreed price for, or the proceeds of the sale of, any
materials, Work, or other things acquired by the Contractor or sold,
pursuant to the provisions of this Clause, and not otherwise
recovered by or credited to the Purchaser.
40.12. If the termination hereunder is partial, prior to the settlement of the
terminated portion of this Contract, the Contractor may file with the
Purchaser, in accordance with Clause 16 (Changes), a request in writing for
an equitable adjustment of the price or prices relating to the continued
portion of the Contract (the portion not terminated by the notice of
termination), and such equitable adjustment as may be agreed upon shall be
made in such price or prices.
40.13. The Purchaser may from time to time, under such terms and conditions as it
may prescribe, make partial payments and payments on account against
costs incurred by the Contractor in connection with the terminated portion of
this Contract whenever in the opinion of the Purchaser the aggregate of such
payments shall be within the amount to which the Contractor will be entitled
hereunder. If the total of such payment is in excess of the amount finally
agreed or determined to be due under this Clause, such excess shall be
payable by the Contractor to the Purchaser upon demand, together with
interest calculated using the average of the official base rate(s) per annum of
the deposit facility rate as notified by the European Central Bank or such
other official source as may be determined by the Purchaser, for the period
from the date the excess is received by the Contractor to the date such
excess is repaid to the Purchaser, provided, however, that no interest shall
be charged with respect to any such excess payment attributed to a
reduction in the Contractor's claim by reason of retention or other disposition
of termination inventory until ten days after the date of such retention or
disposition or such later date as determined by the Purchaser by reason of
the circumstances.
40.14. Unless otherwise provided for in this Contract, the Contractor, from the
effective date of termination and for a period of three years after final
settlement under this Contract, shall preserve and make available to the
Purchaser at all reasonable times at the office of the Contractor, but without
direct charge to the Purchaser, all his books, records, documents, computer
files and other evidence bearing on the costs and expenses of the Contractor
under this Contract and relating to the work terminated hereunder, or, to the
extent approved by the Purchaser, photographs, micro-photographs, or other
authentic reproductions thereof.
41.
DISPUTES
41.1.
Except to the extent to which special provision is made elsewhere in the
Contract, all disputes, differences or questions which are not disposed of by
agreement between the Parties to the Contract with respect to any matter
arising out of or relating to the Contract, other than a matter as to which the
decision of the Contracting Authority under the Contract is said to be final
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and conclusive, shall be decided by the Contracting Authority. The
Contracting Authority shall reduce his decision to writing and mail or
otherwise furnish a copy thereof to the Contractor.
41.2.
The Contracting Authority shall not proceed with the evaluation and decision
in respect of any claim until and unless the Contractor has submitted the
attestation as foreseen in Clause 18 (Claims), as well as the complete proof
and evidence of the claim (either by submission or by identification of the
relevant documentation).
41.3.
The Contracting Authority's decision shall be final and conclusive unless,
within 30 Days from the date of receipt of such copy, the Contractor mails or
otherwise furnishes to the Contracting Authority his decision to open
arbitration proceedings in accordance with the Clause 42 (Arbitration). The
burden of proof for both receipt and delivery of such documentation shall be
by signed and dated registered mail receipt or by hand receipt as
acknowledged and signed by the Contracting Authority.
41.4.
Pending final decision of a dispute, the Contractor shall proceed diligently
with the performance of the Contract, unless otherwise instructed by the
Contracting Authority.
42.
ARBITRATION
42.1.
Within a period of thirty days from the date of receipt of the notification
referred to in Clause 41.3 above, the Parties shall jointly appoint an
arbitrator. In the event of failure to appoint an arbitrator, the dispute or
disputes shall be submitted to an Arbitration Tribunal consisting of three
arbitrators, one being appointed by the Purchaser, another by the other
contracting party and the third, who shall act as President of the Tribunal, by
these two arbitrators. Should one of the Parties fail to appoint an arbitrator
during the fifteen days following the expiration of the first period of thirty
days, or should the two arbitrators be unable to agree on the choice of the
third member of the Arbitration Tribunal within thirty days following the
expiration of the said first period, the appointment shall be made, within
twenty-one days, at the request of the Party instituting the proceedings, by
the Secretary General of the Permanent Court of Arbitration at The Hague.
42.2.
Regardless of the procedure concerning the appointment of this Arbitration
Tribunal, the third arbitrator will have to be of a nationality different from the
nationality of the other two members of the Tribunal.
42.3.
Any arbitrator must be of the nationality of any one of the member states of
NATO and shall be bound by the rules of security in force within NATO.
42.4.
Any person appearing before the Arbitration Tribunal in the capacity of an
expert witness shall, if he is of the nationality of one of the member states of
NATO, be bound by the rules of security in force within NATO. If he is of
another nationality, no NATO classified documents or information shall be
communicated to him.
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42.5.
An arbitrator, who, for any reason whatsoever, ceases to act as an arbitrator,
shall be replaced under the procedure laid down in Clause 42.1 above.
42.6.
The Contractor agrees to submit to the Arbitration Tribunal only such issues,
facts, evidence and proof which the Contractor had beforehand identified
and submitted to the Contracting Authority for decision in accordance with
Clause 41 (Disputes). The jurisdictional authority of the Arbitration Tribunal
shall be restricted to consider only those identical issues, facts, evidence and
proof so identified and submitted to the Contracting Authority.
42.7.
The Purchaser likewise agrees to restrict its submissions only to the
information on which the Contracting Authority based its decision and not to
introduce new information and arguments which cannot reasonably be
deduced or inferred from the written decision of the Contracting Authority in
response to the original dispute.
42.8.
The Arbitration Tribunal will take its decisions by a majority vote. It shall
decide where it will meet and, unless it decides otherwise, shall follow the
arbitration procedures of the International Chamber of Commerce in force at
the date of signature of the present Contract.
42.9.
The awards of the arbitrator or of the Arbitration Tribunal shall be final and
there shall be no right of appeal or recourse of any kind. These awards shall
determine the apportionment of the arbitration expenses.
Pending final decision of a dispute, the Contractor shall proceed diligently with the
performance of the Contract, unless otherwise instructed by the Contracting
Authority.
43.
SEVERABILITY
43.1.
If one or more of the provisions of this Contract is declared to be invalid,
illegal or unenforceable in any respect under any applicable law, the validity,
legality and enforceability of the remaining provisions shall not be affected.
Each of the Parties shall use its best efforts to immediately and in good faith
negotiate a legally valid replacement provision.
44.
APPLICABLE LAW
44.1.
This Contract shall be governed, interpreted and construed in accordance
with the private contract law of the Kingdom of Belgium.
*
*
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ANNEX 1 TO GENERAL PROVISONS
PURCHASER'S PRICING PRINCIPLES
A.
General
1. With regard to all actions included in Clause 19,” Pricing of Changes,
Amendments and Claims”, the Purchaser will honour the accounting
standards and pricing principles to which the Contractor is required to
conform by the national defence authority (or other governing national
authority, as applicable) in the country of origin of the Contractor.
Where such accounting standards are non-existent or incomplete, or
where the Contractor is not required to conform to such standards and
principles, the Parties agree that the Purchaser’s Pricing Principles
contained herein shall govern.
2. As may be requested by the Purchaser, the Contractor shall provide
documentation. that the standards or principles employed in the
submission of cost or pricing data are in conformance with governing
national policies and regulation. The Contractor, when submitting a price
proposal based upon national standards and regulations, shall provide a
point of contact within the national body governing such standards and
regulations in order to allow Purchaser verification and audit.
3. Where such conformance cannot be demonstrated to the satisfaction of
the Purchaser, the Purchaser’s Pricing Principles will govern.
4. The Contractor shall clearly state whether national standards and rules
or the Purchaser’s Pricing Principles and formats are the basis for the
price proposal.
5. Whether national standards or Purchaser pricing principles are applied,
all cost and pricing data shall be verifiable, factual and include
information reasonably required to explain the estimating process.
6. The Contractor shall also incorporate provisions corresponding to those
mentioned herein in all sub-contracts, and shall require price and cost
analysis provisions be included therein.
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Purchaser’s Pricing Principles
B.
1.
Allowable cost
A cost is allowable for consideration by the Purchaser if the following conditions
are fulfilled:
(a) it is incurred specifically for the Contract or benefits both the Contract and
other work or is necessary to the overall operation of the business although
a direct relationship to any particular product or service cannot be
established and is allocated to them in respective proportion according to
the benefit received;
i. Direct Costs
A direct cost is any cost which can be identified specifically with a
particular cost objective as generally accepted. Direct costs are not limited
to items which are incorporated in the end product as material or labour.
ii.
Indirect Costs
An indirect cost is one which is not readily subject to treatment as a direct
cost. When presented these costs shall be accumulated in logical cost
groupings in accordance with sound accounting principles and the
Contractor’s established practices. An indirect cost may be allocated to
more than one final cost objective. An indirect cost shall not be allocated
to a final cost objective if other costs incurred for the same purpose, in like
circumstances, have been included as a direct cost of that or any other
final cost objective. Such costs shall be presented as overhead rates and
be applied to each related direct cost grouping as presented in subparagraph 5 hereafter.
(b) The Contractor shall specify the allocation of costs to either of the cost
groupings. The method by which costs are accumulated and distributed as
part of direct or indirect costs cannot be modified during the duration of the
Contract.
(c) it is reasonable and expedient in its nature and amount and does not
exceed that which would be incurred by an ordinary prudent person in the
conduct of competitive business;
(d)
it is not liable to any limitations or exclusion as to types or amounts of cost
items as set forth herein.
(e) The Purchaser will review other costs presented against the contract and
will determine if they would be allowable.
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2.
Unallowable Costs
In general all costs which cannot be shown by the contractor to be directly or
indirectly of benefit to the Contract are totally unallowable. =Examples of such
costs are, among others:
(a)
Advertising costs
(b)
Costs of remuneration, having the nature of profit sharing.
(c)
Costs of maintaining, repairing and housing idle and excess facilities.
(d) Fines and penalties as well as legal and administrative expenses resulting
from a violation of laws and regulations.
(e)
Losses on other contracts or on expected follow-on contracts
(f) Costs incurred for the creation of reserves for general contingencies or
other reserves (e.g. for bad debts, including losses).
(g) Losses on bad debts, including legal expenses and collection costs in
connection with bad debts.
(h)
Costs incurred to raise capital.
(i) Gains and losses of any nature arising from the sale or exchange of
capital assets other than depreciable property.
(j)
Taxes on profits.
(k)
Contractual penalties incurred.
(l)
Commissions and gratuities.
(m) Interest on borrowings.
3.
Rates and Factors
(a) The Contractor shall inform the Purchaser of his rates and factors the
basis upon which they were computed.
(b) If the Contractor’s rates and factors for similar contracts placed with
national or international public services have not been established or
approved by a government agency or an agency accepted by his
government, the Contractor shall provide the necessary data to support
the proposed rates.
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(c) The term "provisional " used in the title of a rate or factor means a
tentative rate established for interim billing purposes pending negotiation
and agreement to the final rate or factor.
(d) A rate or factor is pre-determined if it is fixed before or during a certain
period and based on (estimated) costs to be incurred during this period.
An rate or factor is post-determined if it is fixed after a certain period and
based on costs actually incurred during this period. Pre-determined
rates or factors shall be agreed upon as final rates whenever possible;
otherwise the provisions of paragraph 3c above shall apply pending
agreement to post-determined rates or factors.
(e) Such rates or factors shall be determined on the basis of Contractor's
properly supported actual cost experience.
(f)
4.
If the rates or factors of the Contractor for similar contracts placed by
national or international public services have been established or
approved by a government agency or an agency accepted by his
government and the Contractor proposes the application of these rates,
he shall state the name and address of the agency which has accepted
or approved the rates and the period for which they were established. If
he proposes rates which vary from the rates mentioned above, he shall
furthermore provide a justification for the difference.
Profit/Benefit
(a) Over the entire life cycle of a given acquisition, Profit and/or Benefit may be
subject to negotiation.
(b) Subcontracting profit/benefit amounts are dependent upon the size, nature
and oversight needs of the subcontract(s) the prime contractor will use for
work performance period.
(c) Profit/benefit is considered by the Purchaser to be directly related to the
anticipated risk of the Contractor during the performance of the Contract.
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ISAF MAN PORTABLE AMN CAPABILITY
(IMPAC)
BOOK II, PART IV
STATEMENT OF WORK
(SOW)
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Book II, Part IV, Statement of Work
TABLE OF CONTENTS
SECTION 1. Introduction .................................................................................................. 7
1.1. Purpose ....................................................................................................................... 7
1.2. Key Operational Requirements .................................................................................. 7
1.3. Contract scope ............................................................................................................ 8
1.4. Roles ........................................................................................................................... 8
1.5. Statement of Work ..................................................................................................... 9
1.6. Standards for interpretation of the Statement of Work ............................................ 10
SECTION 2. APPLICABLE Documents ........................................................................ 12
2.1. Allied Quality Assurance Publications .................................................................... 12
2.2. Allied Configuration Management Publications ...................................................... 12
2.3. SECAN Doctrine and Information Publication ........................................................ 12
2.4. Standard NATO Guidance ....................................................................................... 12
2.5. NATO Security Documents ..................................................................................... 13
2.6. ISO Standards ........................................................................................................... 14
2.7. MIL Standards .......................................................................................................... 14
SECTION 3. Project Management .................................................................................. 15
3.1. Introduction .............................................................................................................. 15
3.2. Project Organisation ................................................................................................. 15
3.2.1.
Purchaser Project Organisation and Responsibilities ....................................... 15
3.2.2.
Contractor Project Management Office ........................................................... 15
3.3. Project Implementation Plan (PIP) ........................................................................... 16
3.3.1.
Contents ............................................................................................................ 16
3.3.2.
Project Overview .............................................................................................. 17
3.3.3.
Applicable Documents ..................................................................................... 17
3.3.4.
Project Management ......................................................................................... 18
3.3.5.
System Design, Integration and Implementation ............................................. 18
3.3.6.
Integrated Logistics Support ............................................................................ 18
3.3.7.
Quality Assurance and Control ........................................................................ 19
3.3.8.
Documentation ................................................................................................. 19
3.3.9.
Training ............................................................................................................ 19
3.3.10. Testing and Acceptance ................................................................................... 19
3.4. Project Master Schedule (PMS) ............................................................................... 19
3.5. Project Controls ........................................................................................................ 20
3.5.1.
Project Status Reports (PSR)............................................................................ 20
3.5.2.
Project Meetings ............................................................................................... 20
3.5.3.
Risk Management ............................................................................................. 22
3.5.4.
Issue Management ............................................................................................ 23
3.6. Project Portal ............................................................................................................ 24
SECTION 4. System design and Implementation .......................................................... 26
4.1. General ..................................................................................................................... 26
4.2. Requirements Analysis ............................................................................................. 27
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4.2.1.
General ............................................................................................................. 27
4.2.2.
Change Requests .............................................................................................. 27
4.3. System Design .......................................................................................................... 27
4.3.1.
General ............................................................................................................. 27
4.3.2.
System Design Specification (SDS) ................................................................. 27
4.3.3.
System Design Reviews ................................................................................... 28
4.4. System Integration.................................................................................................... 29
4.4.1.
General ............................................................................................................. 29
4.4.2.
Integration of IMPAC components .................................................................. 29
4.4.3.
Integration of Purchaser Furnished Services (PFS) ......................................... 30
4.4.4.
Integration of Purchaser Furnished Equipment (PFE) ..................................... 32
4.4.5.
Integration of Inmarsat BGAN terminals ......................................................... 32
4.4.6.
Integration of the WAN Optimisation System (WOS) .................................... 33
4.5. System Implementation ............................................................................................ 33
4.5.1.
General ............................................................................................................. 33
4.5.2.
Stage 1: Factory and In-garrison Integration, Testing and Training ................ 34
4.5.3.
Stage 2: In-theatre Testing, Training, Acceptance and Handover ................... 34
4.5.4.
Stage 3: System Support .................................................................................. 35
4.5.5.
System Implementation Plan (SIP) .................................................................. 35
4.5.6.
System Implementation Facilities .................................................................... 35
SECTION 5. Integrated Logistics Support (ILS) ........................................................... 37
5.1. ILS Planning ............................................................................................................. 37
5.1.1.
Integrated Logistics Support Plan (ILSP) ........................................................ 37
5.2. Maintenance and Support ......................................................................................... 39
5.2.2.
Provision of Customer Support ........................................................................ 39
5.2.3.
Provision of Maintenance................................................................................. 40
5.3. Configuration Management...................................................................................... 40
5.3.1.
Configuration Item Identification..................................................................... 40
5.3.2.
Configuration Control ...................................................................................... 41
5.3.3.
Configuration Status Accounting ..................................................................... 42
5.3.4.
Configuration Verification ............................................................................... 43
5.3.5.
Configuration Management Tool ..................................................................... 43
5.4. Packaging, Handling, Storage and Transportation (PHS&T) .................................. 44
5.4.1.
Development and maintenance of the Transportation Plan ............................ 44
5.4.2.
Deliver Hardware Baseline .............................................................................. 44
5.4.3.
System Inventory/ Material Data Sheet (MDS) ............................................... 44
5.4.4.
Codification ...................................................................................................... 45
5.4.5.
Spare Parts ........................................................................................................ 45
5.4.6.
Preservation and Packaging ............................................................................. 46
5.4.7.
Package Marking .............................................................................................. 46
5.4.8.
Packing Lists .................................................................................................... 46
5.4.9.
Customs Form 302 ........................................................................................... 47
5.4.10. Notice of Shipment........................................................................................... 48
5.5. Warranty ................................................................................................................... 48
SECTION 6.
Quality Assurance and Control ................................................................ 50
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6.1.
6.2.
Quality Assurance Program ..................................................................................... 50
Purchaser Quality Assurance Representative ........................................................... 50
SECTION 7. Documentation ............................................................................................ 51
7.1. Documentation Requirements .................................................................................. 51
7.1.1.
Documentation Format ..................................................................................... 51
7.1.2.
System Documentation .................................................................................... 51
7.1.3.
System Configuration Files .............................................................................. 52
7.1.4.
As Built Drawings ............................................................................................ 52
7.1.5.
Manuals ............................................................................................................ 52
7.2. Documentation Delivery and Review ...................................................................... 54
SECTION 8. Training ....................................................................................................... 56
8.1. General ..................................................................................................................... 56
8.2. Training Contents for the IMPAC ............................................................................ 56
8.3. Training Design ........................................................................................................ 58
8.4. Training Delivery ..................................................................................................... 59
8.4.1.
Supporting documentation ............................................................................... 59
8.4.2.
Use of IMPAC Resources ................................................................................ 59
8.4.3.
Class Size ......................................................................................................... 59
8.4.4.
Locations .......................................................................................................... 60
8.5. Training duration ...................................................................................................... 60
8.6. Personnel qualifications ........................................................................................... 60
8.7. Preparation and Review of Training Material .......................................................... 60
8.8. Follow-on Instructor Support ................................................................................... 61
SECTION 9. Testing and Acceptance ............................................................................. 62
9.1. General ..................................................................................................................... 62
9.2. Testing Approach ..................................................................................................... 62
9.3. Testing Sequence...................................................................................................... 63
9.3.1.
Factory Acceptance Tests (FAT) ..................................................................... 63
9.3.2.
First Article System Acceptance Tests (FAST) ............................................... 63
9.3.3.
Provisional System Acceptance (PSA) ............................................................ 64
9.3.4.
In Theatre Pre deployment Testing .................................................................. 65
9.4. Final System Acceptance (FSA) .............................................................................. 65
9.5. Test and Acceptance Plan ........................................................................................ 65
9.5.3.
Project Test Plan............................................................................................... 66
9.5.4.
Test waivers...................................................................................................... 66
9.5.5.
Requirements Traceability Matrix ................................................................... 67
9.6. Test Failures ............................................................................................................. 67
9.7. Test Procedures ........................................................................................................ 69
9.8. Test Reports.............................................................................................................. 70
9.9. Off-specification Reports ......................................................................................... 70
SECTION 10. List of Acronyms ........................................................................................ 72
APPENDIX A: IMPAC system requirements specification ................................................. 1
A.1
General ....................................................................................................................... 1
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A.1.1
Scope of the Appendix ....................................................................................... 1
A.1.2
IMPAC Concept ................................................................................................. 1
A.2
Functional Requirements............................................................................................ 2
A.2.1
Introduction ........................................................................................................ 2
A.2.2
Connectivity ....................................................................................................... 2
A.2.3
WAN Optimisation System (WOS) ................................................................... 2
A.2.4
IMPAC Quality of Service (QoS) ...................................................................... 3
A.3
Performance Requirements ........................................................................................ 3
A.4
PFS interface description ........................................................................................... 4
A.4.1
Inmarsat BGAN Access ..................................................................................... 4
A.4.2
Internet Access ................................................................................................... 4
A.4.3
NU WAN extensions .......................................................................................... 5
A.4.4
VPN Anchor Point ............................................................................................. 5
A.4.5
NU WAN connectivity between VPN Anchor Points and IS Gateways ........... 5
A.4.6
NATO PKI ......................................................................................................... 5
A.4.7
IS Gateway (IP encryption) ................................................................................ 5
A.4.8
IS Anchor Point .................................................................................................. 6
A.5
Physical requirements ................................................................................................ 6
A.5.1
Packaging ........................................................................................................... 6
A.5.2
IMPAC Transport Case Design Criteria ............................................................ 6
A.5.3
IMPAC desk usage ............................................................................................. 8
A.5.4
IMPAC Cases and Bags Contents ...................................................................... 8
A.5.5
Size and Weight Requirements .......................................................................... 9
A.6
Operational Requirements .......................................................................................... 9
A.6.1
Reliability Requirements .................................................................................... 9
A.6.2
Maintainability Requirements .......................................................................... 10
A.6.3
Safety Requirements ........................................................................................ 10
A.6.4
Scalability Requirements.................................................................................. 10
A.6.5
Usability Requirements .................................................................................... 11
A.6.6
Monitoring & Control Requirements ............................................................... 12
A.7
Security Requirements ............................................................................................. 12
A.7.1
Classification Requirements ............................................................................. 12
A.7.2
TEMPEST Requirements ................................................................................. 13
A.7.3
Data Storage Requirements .............................................................................. 13
A.7.4
System Hardening Requirements ..................................................................... 13
A.7.5
COMSEC requirements.................................................................................... 14
A.8
Environmental requirements .................................................................................... 14
A.8.1
General ............................................................................................................. 14
A.8.2
Vibration........................................................................................................... 14
A.8.3
Shock ................................................................................................................ 15
A.8.4
Temperature ..................................................................................................... 15
A.8.5
Humidity........................................................................................................... 15
A.8.6
Dust and water .................................................................................................. 15
A.8.7
Altitude ............................................................................................................. 16
A.8.8
Sun Exposure.................................................................................................... 16
A.9
Equipment Technical Requirements ........................................................................ 16
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A.9.1
IMPAC Networking equipment ....................................................................... 16
A.9.2
WAN Optimisation System .............................................................................. 16
A.9.3
Data grounding ................................................................................................. 16
A.9.4
LAN cabling ..................................................................................................... 17
A.9.5
Phones .............................................................................................................. 17
A.9.6
Hard Drive Disk Encryption (PFE) .................................................................. 17
A.9.7
Inmarsat BGAN terminal ................................................................................. 17
A.9.8
Laptop............................................................................................................... 18
A.10 Electrical Power Requirements ................................................................................ 19
A.10.1 IMPAC Power Unit .......................................................................................... 19
A.10.2 Mains power ..................................................................................................... 19
A.10.3 Power Backup .................................................................................................. 20
A.10.4 Vehicle power .................................................................................................. 21
A.10.5 Military batteries .............................................................................................. 22
A.10.6 Mains Power distribution ................................................................................. 22
A.10.7 Surge Protection ............................................................................................... 22
APPENDIX B: Navigation system requirements .................................................................. 1
B.1
Introduction ................................................................................................................ 1
B.2
GPS device ................................................................................................................. 1
B.2.1
Features .............................................................................................................. 1
B.2.2
Physical .............................................................................................................. 1
B.3
Maps ........................................................................................................................... 1
B.3.1
Features .............................................................................................................. 1
B.3.2
Support ............................................................................................................... 2
B.4
Accessories to be included ......................................................................................... 2
APPENDIX C: TCE621/M cabling ........................................................................................ 1
C.1
Ethernet cable specification ....................................................................................... 1
C.2
Power cable specification ........................................................................................... 2
C.3
Mechanical fitting specification ................................................................................. 3
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Book II, Part IV, Statement of Work
SECTION 1.
1.1.
INTRODUCTION
Purpose
1.1.1. This is a Contract for services and supplies to design, integrate, test, implement, and
provide training for the ISAF Man Portable Afghan Mission Network Capability
(referred to as the IMPAC capability) composed of 10 (ten) deployable IMPAC kits
(referred to as the IMPACs) and a WAN Optimisation System (WOS) for use with the
IMPACs.
1.1.2. The IMPACs shall be implemented as highly portable CIS assets that can access the
Afghan Mission Network (AMN) in ISAF.
1.1.3. The implementation of the IMPAC capability shall involve:
(1) Integration and Factory Acceptance Testing, at the factory.
(2) Configuration, provisioning, installation, testing, and training, at the Purchaser’s
in-garrison facilities (NATO Communications and Information Agency Service
Delivery (NCIA SDEL HQ, Mons (BE)/ NCIA CIS Sustainment Support Centre
(NCIA CSSC), Brunssum (NL)).
(3) Testing, commissioning, training and handover to the users at the Purchaser’s intheatre facilities (ISAF KAIA/ Kabul).
(4) Full Systems Acceptance followed by Warranty in the form of 1 year support.
1.2.
Key Operational Requirements
1.2.1. The IMPACs shall connect to the AMN (Afghan Mission Network) over Inmarsat
BGAN services, NATO Unclassified WAN Extensions at ISAF, the Internet, and be
able to connect directly to the AMN.
1.2.2. The IMPACs are intended for operation across the ISAF Area of Operational
Responsibility (AOR), and shall cope with the transport, environmental and logistics
support conditions and constraints, typical of ISAF operations in Afghanistan.
1.2.3. The IMPAC capability shall provide:
(1) Access at ISAF SECRET level to Application Services including Voice over
Secure IP (VoSIP) and Video conferencing for a single user per IMPAC.
(2) Access to PSTN through INMARSAT.
(3) Basic monitoring and control (M&C) tools, to enable operation of the system by
non-technical users.
(4) Performance improvement and data-rate and volume reduction over WAN
connections through the implementation of the WOS.
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1.2.4. The IMPACs shall consist of the following components:
(1) Networking devices including M&C tools to support basic reconfiguration and
troubleshooting operations.
(2) IP encryption device provided as Purchaser Furnished Equipment (PFE).
(3) User laptop with encrypted hard drive (PFE), Operating System and
applications, including a WOS application.
(4) VoIP soft-phone application and headset.
(5) VTC application..
(6) Power elements (batteries, converters, adapters, supplies).
(7) Inmarsat BGAN terminal and handset.
(8) Transit case and soft bag.
(9) Ancillaries (cables, manuals).
(10) GPS device with maps of Afghanistan and accessories.
1.3.
Contract scope
1.3.1. The Contract shall cover the implementation and fielding of the IMPAC capability,
down to the commissioning/handover stage, which shall take place in theatre (Kabul/
KAIA North).
1.3.2. Following Full System Acceptance (FSA) the contractor shall provide a 1 year
warranty.
1.3.3. The implementation shall be conducted in the following three stages:
(1) Stage 1: Factory Integration and Testing followed by in-garrison Configuration,
Provisioning, Testing and Training.
(2) Stage 2: In-theatre Functional Testing, Training, Acceptance and Technical
Transfer to the users.
(3) Stage 3: Final System Acceptance (FSA) after which the 1 year warranty
commences.
1.3.4. Detailed description of the three implementation stages is provided in paragraph 4.5.
1.4.
Roles
1.4.1. The Contractor shall be aware of the roles played by the various stakeholders
(Purchaser NCIA SSUP, NCIA SDEL (Mons), NCIA SDEL CSSC (Brunssum), ISAF
CJ6 and NCIA SDEL Sector ISAF), and shall deliver the IMPAC capability in
accordance with the Contract, through direct liaison with:
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(1) The Purchaser (NCIA SSUP) for Project Management and technical matters
(Project Manager, Technical Manager), including delivery, information
assurance (e.g. security accreditation process), commissioning, configuration,
provisioning, testing, documentation training and transfer.
1.4.2. NCIA SSUP acts as procurement and program management authority (Host Nation),
managing the provision of PFE elements specific to this capability, as follows:
(1) Inmarsat BGAN services (SIM cards and subscriptions), including the
connectivity between the Inmarsat service provider and NATO premises.
(2) IP encryption devices.
(3) Standard ISAF images for loading on the laptops’ encrypted hard drives.
(4) Hard Drive Disk Encryption (HDDE).
(5) Purchaser Furnished Services (PFS) as described in Para §4.4.3
1.4.3. After the Technical Transfer from NCIA SSUP to the NCIA SDEL Sector ISAF,
Sector ISAF will support 1st and 2nd level maintenance echelon of the IMPACs, in
theatre, and the Contractor (3rd level).
1.4.4. Following the Transition from NCIA SSUP to NCIA SDEL, NCIA SDEL acts as
operations and management (O&M) authority for the IMPACs, and will be the Point
of Contact (PoC) for the CLS(Warranty) , both in the strategic domain (NCIA Sector
Mons, NCIA Sector Brunssum), and in theatre (NCIA Sector ISAF, Depot 26).
1.5.
Statement of Work
1.5.1. The Statement of Work is organised to follow the outline of activities to be conducted
prior and during the implementation of the IMPAC capability, as follows:
(1) Section 2, listing the Applicable Documents
(2) Project Management, covered in Section 3 of this SoW.
(3) System Design and Implementation, covered by Section 4 and appendices of this
SoW, and covering:
a.
Requirements Analysis
b.
System Design
c.
System Integration
d.
System Implementation
(4) Integrated Logistics Support (ILS), Configuration Management and Quality
Management, as covered by Sections 5 and 6
(5) Documentation, as presented in Section 7
(6) Training (in garrison, and in-theatre), as presented in Section 8
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(7) Testing and Acceptance, as presented in Section 9, taking place as follows:
a.
Factory Acceptance Testing, FAT, at the factory;
b.
First Article System Testing (FAST) at NCIA SDEL HQ (Mons);
c.
Provisional System Acceptance (PSA) at NCIA SDEL HQ (Mons);
d.
End-to-end functional testing, in theatre, upon receipt of the equipment,
and before the technical transfer to the users / Sector ISAF;
e.
Final System Acceptance (FSA) at the Purchaser’s premises (NCIA
SSUP)
(8) A list of Acronyms used in this SoW, in Section 10.
1.5.2. Appendix A provides the System Requirements Specification (SRS) of the IMPAC
capability.
1.5.3. Appendix B provides the specification for the GPS device of the IMPAC.
1.5.4. Appendix C provides technical details about the TCE621/M, relevant to the
mechanical and electrical integration of this IP encryption device into the IMPAC.
1.6.
Standards for interpretation of the Statement of Work
1.6.1. The Contractor shall note that, when the term in-theatre is, in relation to contractor
activities, quoted in this SoW, this refers to the Depot 26 location, in KAIA North,
Kabul, Afghanistan. Work by the Contractor in theatre is currently not envisaged at
any other locations; however the contractor shall be prepared to respond to changes at
short notice which will be subject to contract amendment.
1.6.2. Likewise, in-garrison corresponds to the NCIA SDEL HQ (Mons) or NCIA SDEL
CSSC (Brunssum). If due to programmatic reasons any of these locations could not be
used, then NCIA SSUP (Hague) will be used for all indicated activities. No other
locations, previously mentioned before are envisaged as ‘in-garrison’.
1.6.3. The list of applicable and reference documents in Section 2 includes a variety of
Allied Publications, and NATO Standards. The following shall be noted:
1.6.3.1.
While these are NATO reference documents, there are national and international
standards that are considered to be equivalent and are cited as such within these
documents.
1.6.3.2.
Where there is a national or international standard which is not specifically
referenced in the STANAGs, AQAPs, or NATO Standards as being equivalent, the
Contractor may propose to utilise such a standard if he can demonstrate to the
satisfaction of the Purchaser that such a standard is equivalent to the STANAG,
AQAPs, or NATO Standards in question.
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1.6.3.3.
The Purchaser, however, reserves the right to deny such a request and demand
performance in accordance with the standards cited in the SoW.
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Book II, Part IV, Statement of Work
SECTION 2.
2.1.
APPLICABLE DOCUMENTS
Allied Quality Assurance Publications
2.1.1. AQAP 2009 NATO Guidance on the Use of the AQAP 2000 Series
2.1.2. AQAP 2110, NATO Quality Assurance Requirements for Design, Development, and
Production.
2.1.3. AQAP 2130, NATO Quality Assurance Requirements for Inspection and Test.
2.2.
Allied Configuration Management Publications
2.2.1. ACMP 1, NATO Requirements for the Preparation of Configuration Management
Plans.
2.2.2. ACMP 2, NATO Requirements for Configuration Identification.
2.2.3. ACMP 3, NATO Requirements for Configuration Control--Engineering Changes,
Deviations, and Waivers.
2.2.4. ACMP 4, NATO Requirements for Configuration Status Accounting.
2.2.5. ACMP 5, NATO Requirements for Configuration Audits.
2.2.6. ACMP 6, NATO Configuration Management Terms and Definitions.
2.2.7. ACMP 7, NATO Configuration Management Guidance on the Application of ACMPs
1 to 6.
2.3.
SECAN Doctrine and Information Publication
2.3.1. SDIP-27/1 NATO TEMPEST REQUIREMENTS AND EVALUATION
PROCEDURES (NATO CONFIDENTIAL, December 2009).
2.3.2. SDIP-28/1 NATO ZONING PROCEDURES (NATO RESTRICTED, December
2009).
2.3.3. SDIP-29/1 Facility Design Criteria and Installation of Equipment for the Processing of
Classified Information (NATO RESTRICTED, January 2011).
2.4.
Standard NATO Guidance
2.4.1. STANAG 4107, Mutual Acceptance of Government Quality Assurance and Usage of
the Allied Quality Assurance Publications.
2.4.2. STANAG 4159, NATO Materiel Configuration Management Policy and Procedures
for Multinational Joint Projects.
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Book II, Part IV, Statement of Work
2.4.3. STANAG 6001, Language Proficiency Levels.
2.5.
NATO Security Documents
2.5.1. C-M(2002)49, Security within the North Atlantic Treaty Organisation, including
COR1 to COR8.
2.5.2. NATO Security Committee and NATO C3 Board – Primary Directive on INFOSEC, 6
December 2010.
2.5.3. INFOSEC Management Directive for Communication and information Systems (CIS),
19 October 2006
2.5.4. NATO Security Committee – Guidelines for the Security Approval or Security
Accreditation of CIS, 9 October 2003
2.5.5. NATO Security Committee – Guidelines for Security Risk Assessment and Risk
Management of CIS, 26 February 2003
2.5.6. NATO Security Committee – Guidelines for the Development of Security
Requirement Statements (SRSs), 29 April 2004
2.5.7. NATO Security Committee – Guidelines for the Structure and Content of Security
Operating Procedures (SecOPs) for CIS, 19 October 2006
2.5.8. NATO Consultation, Command and Control Board, Directive for the Interconnection
of Communication and Information Systems , 23 February 2011
2.5.9. NC3B INFOSEC technical and implementation guidance on cryptographic
mechanisms in support of non-confidentiality services AC/322-D(2005)0011, 28
February 2005
2.5.10. NATO C3 BOARD Infosec technical and implementation directive on cryptographic
security and cryptographic mechanisms, AC/322-D/0047-REV2, 11 March 2009.
2.5.11. INFOSEC Technical and Implementation Directive for Computer and Local Area
Network (LAN) Security AC/322-D/0048.
2.5.12. INFOSEC Technical and Implementation Directive on the Requirement for, and the
Selection, Approval and Implementation of, Security Tools (ST), AC/322D(2004)0030.
2.5.13. NCSA DIRECTIVE 90-2 Supply and Maintenance Procedures for NATO Funded
Cryptographic Equipment, 23 November 2006 (Amendment 8 – 13 January 2011)
2.5.14. COMMUNITY SECURITY REQUIREMENTS STATEMENT For The AFGHAN
MISSION NETWORK, Version 1.3, 07 February 2011 (NR)
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2.5.15. NCIA - NATO SECRET - APPROVED FIELDED PRODUCT LIST (NS AFPL) -ver.
2013-028, 27.05.2013.
2.5.16. NCIA - ISAF SECRET - APPROVED FIELDED PRODUCT LIST (IS AFPL) -ver.
2013-024, 27.05.2013.
2.6.
ISO Standards
2.6.1.
IEC 60529-2004. Degrees of Protection Provided by Enclosures (IP Code).
2.6.2.
IEC 82079-1:2012. Preparation of instructions for use -- Structuring, content and
presentation -- Part 1: General principles and detailed requirements .
2.7.
MIL Standards
2.7.1.
MIL-STD-1472G, HUMAN ENGINEERING
2.7.2.
MIL-STD 810G, Test Method Standard for Environmental Engineering
Considerations and Laboratory Tests
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Book II, Part IV, Statement of Work
SECTION 3.
PROJECT MANAGEMENT
3.1.
Introduction
3.1.1.
This section outlines the Project Management area of the IMPAC Contract.
3.1.2.
Providing the capability to access the AMN in ISAF involves multiple elements and
Stakeholders. The successful delivery of the capability relies upon a sound project
management approach. Full and open communication between the Contractor and the
Purchaser is an essential element of this approach.
3.1.3.
A project cannot be risk-free. Problems will occur. The goal of the Contractor’s
project management shall not be to eliminate problems, but to ensure that those that
do occur are identified early, assessed accurately, shared with the Purchaser, and
resolved quickly, in partnership with the Purchaser.
3.2.
Project Organisation
3.2.1.
Purchaser Project Organisation and Responsibilities
3.2.1.1.The Purchaser Project Manager (PM) will act as the Purchaser’s representative and
will be the primary interface between the Contractor and Purchaser from the Effective
Date of Contract (EDC).
3.2.1.2.The Purchaser Project Manager will be supported by specialists in certain areas who
may, from time to time, be delegated to act on the Project Manager’s behalf in their
area of expertise.
3.2.1.3.Neither the Project Manager, the specialists, nor any other team members (associated
to NCIA SDEL, i.e. NIATC, NCIA SDEL Sector ISAF, etc.), may make changes to
the terms and conditions of the Contract but may only provide the Purchaser’s
interpretation of technical matters.
3.2.1.4.All changes to the Contract will be made through the Purchaser's contracting office
only.
3.2.1.5.If the Contractor has successfully discharged his duties under this Contract and made
available to the Purchaser the required capability, the Purchaser will accept from the
Contractor the delivered capability and any equipment, services, and documentation.
3.2.2.
Contractor Project Management Office
3.2.2.1.The Contractor shall establish and maintain a Project Management Office (PMO) to
perform and manage all efforts necessary to discharge all his responsibilities under
this Contract.
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3.2.2.2.The Contractor shall also provide all necessary suitably qualified manpower and
resources to conduct and support the management and administration of operations in
order to meet the objectives of the program, including taking all reasonable steps to
ensure continuity of personnel assigned to work on this project, as follows:
3.2.2.2.1.
Project Manager: The Contractor shall designate a suitably qualified Project
Manager (PM), who will direct and co-ordinate the activities of the Contractor's
project team. The Project Manager shall be the Contractor's primary contact for
the Purchaser’s IMPAC Project Manager and shall conduct all major project
design, test, and review meetings.
3.2.2.2.2.
Technical Lead: The Contractor shall designate a suitably qualified Technical
Lead for the project. The Technical Lead shall lead the analysis, design,
development, integration, and follow-on enhancement efforts of the Contractor.
3.2.2.2.3.
Test Director: The Contractor shall designate a suitably qualified individual to
serve as the Test Director for all test activities conducted under this Contract.
3.2.2.2.4.
Quality Assurance Manager: The Contractor shall designate a suitably qualified
individual to serve as the Quality Assurance Manager for activities under this
Contract. The Quality Assurance Manager shall report to a separate manager
within the Contractor's organisation at a level equivalent to or higher than the
Project Manager.
3.2.2.2.5.
Fielding and Support Manager: The Contractor shall designate a suitably
qualified individual to serve as the lead for implementation and operational
support at the various facilities involved, including theatre.
3.2.2.2.6.
Training Manager: The Contractor shall designate a suitably qualified individual
to serve as the training manager throughout the performance of the Contract, and
across the designated training sites. The designated training sites are NCIA
SDEL Sector Brunssum and Depot 26 in Kabul.
3.2.2.2.7.
Security Officer: The Contractor shall designate a suitably qualified individual
to be responsible for supervising and directing all necessary security measures in
relation to the Contract and communicating details of such measures to the
Purchaser on request (e.g. related to Crypto, National Security authority, etc.).
3.3.
3.3.1.
Project Implementation Plan (PIP)
Contents
3.3.1.1.The Contractor shall provide a complete Project Implementation Plan (PIP), which
shall describe how the Contractor will implement the totality of the Project, including
details of the Project Controls that will be applied.
3.3.1.2.Upon Purchaser Written Acceptance, the PIP shall be placed under the Purchaser’s
IMPAC capability Configuration Control Board (CCB).
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3.3.1.3.The PIP shall cover all aspects of the Project implementation including management,
schedules, personnel assignments and Project Controls, necessary to provide the
IMPAC capability, as required by this SoW.
3.3.1.4.The PIP shall be sufficiently detailed to ensure that The Purchaser is able to assess the
Contractor’s plans, capabilities, and ability to satisfactorily implement the entire
Project in conformance with the requirements specified in this SoW.
3.3.1.5.The PIP shall be provided to the Purchaser for review and acceptance within ten (10)
working days after Effective Date of Contract (EDC). The PIP shall be reviewed by
the Purchaser and comments submitted to the contractor no later than five (5) working
days after receipt.
3.3.1.6.The approval of the PIP by the Purchaser signifies only that the Purchaser agrees to
the Contractor’s approach in meeting the requirements. This approval in no way
relieves the Contractor from its responsibilities to meet the requirements stated in this
SoW.
3.3.1.7.The PIP shall be updated through the project, and shall be subject of review at each
Project Review Meeting (PRM), until and including PSA.
3.3.1.8.The PIP shall follow the structure of this SoW, and include the sections listed and
described here below:
3.3.2.
(1) Section 1:
Project Overview
(2) Section 2:
Applicable Documents
(3) Section 3:
Project Management
(4) Section 4:
System Design and Implementation
(5) Section 5:
Integrated Logistics Support / Configuration Management
(6) Section 6:
Quality Assurance and Control
(7) Section 7:
Documentation
(8) Section 8:
Training
(9) Section 9:
Testing and Acceptance
Project Overview
3.3.2.1.Section 1 of the PIP shall contain a Project overview, which shall provide an executive
summary overview of the offered IMPAC capability, summarise the main features of
each of the PIP sections and indicate how the Project will be executed during the full
lifetime of the Project.
3.3.3.
Applicable Documents
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3.3.3.1.Section 2 of the PIP shall contain the list of documents or standards referenced by the
other sections of the PIP.
3.3.4.
Project Management
3.3.4.1.Section 3 of the PIP shall provide the Project Management Plan (PMP). The PMP
shall include:
(1) The management structure of the Contractor’s team;
(2) A list of Key Personnel assigned to the Contractor’s team and their respective
roles, responsibilities and authority, as well as their qualifications,
experiences and security clearances.
3.3.4.2.The PMP shall identify all major Contractor operating units and any Sub-Contractors
and Suppliers involved in the development of the IMPAC, and a description of the
portion of the overall effort or deliverable item for which they are responsible.
3.3.4.3.The PMP shall also include the following:
(1) Details of the Contractor’s methodology for Project Control, including
Project Reporting (§3.5.1) and Project Meetings (§3.5.2);
(2) Details of the Contractor’s Risk Management methodology (refer to §3.5.3);
(3) Details of the Contractor’s Issue Management approach (refer to §3.5.4).
3.3.5.
System Design, Integration and Implementation
3.3.5.1.Section 4 of the PIP shall cover the System Design, Integration and Implementation
aspects of the Project.
3.3.5.2.Section 4 shall include all the areas as detailed in Section 4 of this SoW and shall
present how the requirements of Appendix A and Appendix B to this SoW will be
met.
3.3.5.3.Section 4 of the PIP shall include the System Implementation Plan (SIP), as specified
in §4.5.5.
3.3.6.
Integrated Logistics Support
3.3.6.1.Section 5 of the PIP shall cover the Integrated Logistics Support aspects of the Project
including Configuration Management.
3.3.6.2. This Section shall detail the Contractor’s approach to meeting the ILS
requirements, as specified in Section 5 of this SoW.
3.3.6.3.Section 5 shall include the Contractors Logistics Plan and the Configuration
Management Plan (CMP refer to §5.1.1.3.5).
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3.3.7.
Quality Assurance and Control
3.3.7.1.Section 6 of the PIP shall cover the Quality Assurance and Control aspects of the
Project, as specified in Section 6 of this SoW.
3.3.7.2.This Section shall include the QA Plan (QAP), with details of how the Contractor
shall establish, execute, document and maintain an effective Quality Assurance (QA)
program, throughout the Contract lifetime.
3.3.8.
Documentation
3.3.8.1.Section 7 of the PIP shall describe the Contractor’s Documentation Plan (DP) for all
of the deliverable documents, including details of when and how these will be
provided, as specified in Section 7 of this SoW.
3.3.9.
Training
3.3.9.1.Section 8 of the PIP shall describe the Contractor’s Training plan (TP), as specified in
Section 8 of this SoW.
3.3.10. Testing and Acceptance
3.3.10.1. Section 9 of the PIP shall define the Contractor’s Test and Acceptance Plan (TAP,
refer to §9.5). The TAP shall include a description of the allocation of personnel and
the time schedule to accomplish all the test and acceptance activities, up to and
including Final System Acceptance (FSA), as specified in Section 9 of this SoW.
3.4.
Project Master Schedule (PMS)
3.4.1.
The Contractor shall establish and maintain a Project Master Schedule (PMS) that
contains all contract events and milestones for the Project.
3.4.2.
The PMS shall show all contractual deliverables, the work associated with them, and
their delivery dates.
3.4.3.
The PMS shall not be cluttered with events or tasks internal to the Contractor, unless
they are of major importance to the Project.
3.4.4.
The PMS shall also be traceable to performance and delivery requirements of this
SoW. The PMS shall be linked to Contractor resources to enable assessment of
changes to staff, facilities, event dates, and system requirements.
3.4.5.
The PMS shall be provided in Microsoft Project format. For each task, the PMS shall
identify the start and finish dates, duration, predecessors, constraints, and resources.
3.4.6.
The PMS shall provide network, milestone, and Gantt views, and identify the critical
path for the overall project.
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3.4.7.
The initial version of the PMS shall be provided to the Purchaser for acceptance at
EDC + 3 weeks. Upon Purchaser Acceptance, the PMS shall be placed under the
Purchaser’s IMPAC CCB. The Purchaser Project Manager, without consulting the
other IMPAC CCB members, can approve changes to the PMS, provided they do not
affect other baseline documents, or incur additional costs. Changes to the PMS do
not change contractual delivery dates in the SSS.
3.5.
Project Controls
3.5.1.
Project Status Reports (PSR)
3.5.1.1.The Contractor shall provide, no later than the third business day of each month, a
Project Status Report (PSR) the first being at EDC +4 weeks.
3.5.1.2.The PSR shall summarise activities, including:
(1) Summary of Contract activities during the preceding month, including the
status of current and pending activities;
(2) Progress of work and schedule status, highlighting any changes since the
preceding report;
(3) Configuration Status Accounts (CSA) report addressing all products in the
Project Breakdown Structure;
(4) Description of any identified issues and high risk areas with proposed
solutions and corrective actions;
(5) Test(s) conducted and results;
(6) Provisional financial status and predicted expenditures;
(7) Changes in key Contractor personnel;
(8) Summary of Change Requests requested or approved;
(9) Plans for activities during the following reporting period;
(10) Risk Log.
3.5.1.3.The Project Status Report, being a monthly document, shall be subject to the
following specific review process:
3.5.1.3.1.
The Purchaser shall issue comments no later than 5 working days after receipt
of the document.
3.5.1.3.2.
The Contractor shall issue answers to those comments within 1 week after their
receipt. No comment received within that timeframe means that the Contractor
agrees to the comments issued by the Purchaser.
3.5.2.
Project Meetings
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3.5.2.1.General
3.5.2.1.1.
Except where otherwise stated in the Contract, the following provisions shall
apply to all meetings to be held under the Contract.
3.5.2.1.2.
The Contractor shall take meeting minutes, submit them in draft version to the
Purchaser for approval within 3 working days of the meeting, post the final
version of them on the Project Portal and email them to the Purchaser, within 3
working days of receipt of Purchaser approval, and notify the Purchaser by
email.
3.5.2.1.3.
The participants shall not regard these minutes as a mechanism to change the
terms, conditions or specifications of the Contract, or as a vehicle to alter the
design or configuration of equipment or systems. Any such changes shall only
be made by agreement, amendment or by authorised mechanisms as set forth
in the Contract.
3.5.2.1.4.
Any documentation, even in draft format, that may be useful to the Purchaser
in preparing for meetings and ensuring efficient discussions during the
meetings shall be provided to the Purchaser no later than 5 working days
before the meeting.
3.5.2.2.Design Review Meetings
3.5.2.2.1.
The Contractor shall host the Design Reviews.
3.5.2.2.2.
In addition to the scope and requirements for design reviews as described in
Section 4, the Contractor shall provide the following, if applicable, at all
design reviews:
(1) Changes to the PMS
(2) Cost considerations
(3) Risk assessment of proposed changes, and an update of the Risk Log and
Issue Logs.
3.5.2.3.Project Review Meetings
3.5.2.3.1.
The Contractor shall coordinate and hold Project Review Meetings (PRM)
with the Purchaser.
3.5.2.3.2.
The PRMs shall be held at least once a month throughout the Contract period
of performance.
3.5.2.3.3.
One week before each PRM, the Contractor shall provide a Project Status
Report (PSR), with the status of all on-going tasks, the status of the Contract
deliverables, and identifying any changes to the SDS, SIP, Risk Log and Issue
Log.
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3.5.2.3.4.
Problems shall be identified and discussed with the Purchaser IMPAC Project
Manager promptly, and shall not be held over until the next PRM. Problems
should not remain undisclosed in between meetings.
3.5.2.3.5.
The location of PRMs shall be by default - NCIA Brussels, Batiment Z and
when possible, it shall be scheduled with other project meetings. When
deemed necessary by the the Purchaser the PRM shall be held in an alternate
location.
3.5.2.4.Other Meetings
3.5.2.4.1.
The Purchaser shall host all other meetings unless there is a specifically agreed
need to review material, witness technical demonstrations or testing, or
perform any other activity outside of the Purchaser’s premises, as part of the
meeting.
3.5.2.4.2.
The Contractor shall identify to the Purchaser’s Project Manager any other
meetings with NATO personnel required to support this Contract.
3.5.2.4.3.
Upon approval by the Purchaser’s Project Manager, the Contractor shall
schedule, organise, and conduct such meetings.
3.5.3.
Risk Management
3.5.3.1.The Contractor shall establish and maintain an overall Risk Management process for
the project.
3.5.3.2.This Risk Management process shall identify all risks (management, technical,
schedule, and cost risks), evaluate each risk, and select a proposed response for each
risk.
3.5.3.3.Evaluating each risk shall result in the risk being rated as High, Medium, or Low,
based on its probability and impact.
3.5.3.4.For each risk, the proposed response shall be selected from the following list:
(1) Prevention: Terminate the risk by doing things differently and thus removing
the risk, where it is feasible to do so. Countermeasures are put in place that
either stop the threat or problem from occurring or prevent it from having any
impact on the project or business.
(2) Reduction: Treat the risk by taking action to control it in some way where the
action either reduces the likelihood of the risk developing or limits the impact
on the project to acceptable levels.
(3) Acceptance: Tolerate the risk – e.g. if nothing can be done at a reasonable
cost to mitigate it or the likelihood and impact of the risk occurring are at an
acceptable level.
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(4) Contingency: plan and organise actions to come into force as and when the
risk occurs.
(5) Transference: Pass the management of the risk to a third party (e.g. insurance
policy or penalty clause), such that the impact of the risk is no longer an issue
for the health of the project.
3.5.3.5.The Risk Management data shall be presented in a Risk Log.
3.5.3.6.The Risk Log shall be a table listing the risks, and indicating for each one the
following information:
(1) Risk identifier: unique code to allow grouping of all information on this risk
(2) Description: brief description of the risk
(3) Risk category (e.g. commercial, legal, technical)
(4) Impact: effect on the project if this risk were to occur
(5) Probability: estimate of the likelihood of the risk occurring
(6) Proximity: how close in time is the risk likely to occur
(7) Countermeasure(s): what actions have been taken/will be taken to counter
this risk
(8) Owner: who has been made responsible for this risk
(9) Author: who submitted the risk
(10) Date identified: when was the risk first identified
(11) Date of last update: when was the status of this risk last checked
(12) Status: e.g. terminated, reducing, increasing, no change.
3.5.4.
Issue Management
3.5.4.1.An issue is a problem which has actually occurred that will have either detrimental or
beneficial effect on the projects chance of achieving its objectives. An Issue Log shall
be established, to record and track all issues and their status.
3.5.4.2.The Issue Log shall be a table and shall comprise the following information:
(1) Project Issue Number
(2) Project Issue Type (Request for change, Off-specification, general issue such
as a question or a statement of concern)
(3) Author
(4) Date identified
(5) Date of last update
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(6) Description
(7) Action item
(8) Responsible (individual in charge of the action item)
(9) Suspense date (Suspense date for the action item)
(10) Priority
(11) Status.
3.6.
Project Portal
3.6.1.
The Contractor shall establish a NATO UNCLASSIFIED project portal.
3.6.2.
The Contractor will implement an access control mechanism to restrict viewing of all
contents of the portal to a list of users approved by the Purchaser and administered
by the Contractor IMPAC Project Manager.
3.6.3.
The portal will enable any authorised user to set various alerts in order to be notified
each time a specific document, a specific folder, is modified (publication of a new
document, of a new version of an existing document, or deletion of a document).
3.6.4.
The Contractor shall maintain on this portal all unclassified IMPAC capability
project documentation, as soon as it is submitted in first draft version to the
Purchaser.
3.6.5.
The Contractor shall maintain on this portal the lists (databases) containing the
Action Items Log, Risk Log, and Issue Log, associated to the projects, and crossreference to the documents above. The databases shall follow the templates presented
in § 3.5.3.6 (Risk Log), and § 3.5.4.2 (Issue Log).
3.6.6.
The portal shall include the Contract SoW and SRS, all presentation material from all
Design Reviews and other meetings, the draft and final (Purchaser-approved)
minutes of meetings, and background, applicable, reference, and guidance documents
referred to in the SoW and SRS.
3.6.7.
The portal shall include all vendor-provided technical documentation pertaining to
the COTS equipment integrated into the IMPAC capability.
3.6.8.
The portal shall include other documents as directed by the Contractor’s Project
Manager or the Purchaser’s IMPAC Project Manager and Contracting Officer
relevant to the project.
3.6.9.
The portal shall identify all relevant classified and unclassified documents by title,
unless a title is itself classified. In order to ensure universal understanding of
documents by title; the following file naming convention shall be used.
DATE_TITLE_AUTHOR_CLASSIFICATION_VERSION example
20130626_ILSP_Johnson_Project Manager_NU_V1.0.
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3.6.10. The portal shall clearly indicate for each document whether it is part of a baseline or
not.
3.6.11. The Contractor shall keep the portal up to date, in support of access by the users, or
the Purchaser, through the 1-year of warranty, and any subsequent warranty period
(optional) .
3.6.12. NATO RESTRICTED documentation shall not use the portal, and shall instead rely
on optical storage support, and postal mail, for exchanges with the Purchaser.
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SECTION 4.
SYSTEM DESIGN AND IMPLEMENTATION
4.1.
General
4.1.1.
This section outlines the System Design and Implementation tasks of the IMPAC
Contract.
4.1.2.
The IMPAC capability shall largely comprise off-the-shelf products, whether
commercially available or developed for other customers.
4.1.3.
The Contractor shall anticipate and consider in the design any modifications that may
be required to adapt these products to meet the SRS in Appendix A.
4.1.4.
For any components affected by potential obsolescence issues during the Warranty
period, the Contractor shall:
(1) Ensure that the initial design can accommodate new components that can
replace the obsolete components, providing the same or superior
functionality, and meeting the requirements in the SRS;
(2) Provide an upgrade/replacement plan, describing how obsolescence would be
dealt with.
4.1.5.
The Contractor shall take those modifications, related to adaptation of existing offthe-shelf products, or to the replacement of components as they become obsolete,
and the associated cost, performance, logistics and operational impact implications,
into consideration in the overall design, development, integration, and system
engineering of the IMPAC.
4.1.6.
The Contractor shall provide proof that the components proposed to meet the SRS
are consolidated, in terms of:
(1) Products fielded by military units in similar environmental conditions as the
Afghan climate, for similar purpose and available on the market, for not less
than two (2) years, or evolutions of them (e.g. new generation replacing old)
(2) Life-cycle support structure in place, at least covering the Warranty period .
4.1.7.
Exceptions to the above shall be justified, either as:
(1) Fielding of the hardware component(s) in high numbers (>100), with
reliability figures (MTBF) collected over a period of not less than one (1)
year
(2) Life-cycle support to be undertaken by the Contractor in its full extent, in
case of limited or deficient life-cycle support by subcontractors or by
suppliers.
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4.2.
Requirements Analysis
4.2.1.
General
4.2.1.1.The Contractor shall identify and flag to the Purchaser any inconsistencies within the
requirements, both semantic, or in terms of physical implementation challenges.
4.2.1.2.If necessary, the Contractor shall call for and conduct a System Requirements Review
(SRR), prior to the System Design Review meeting (refer to §4.3.3), to present and
discuss his findings, and the proposed changes to the SRS (see below).
4.2.2.
Change Requests
4.2.2.1.The Contractor shall identify any proposed changes to the SRS, in the form of one or
more Change Requests. The proposed changes shall not cause any degradation effect
to the system capabilities. Any change shall first be approved by the Purchaser.
4.2.2.2.Change Requests and the associated Change Request Document (CRD) shall be
prepared following the guidelines of the Contract configuration management
requirements, as indicated in §Error! Reference source not found.
4.2.2.3.If necessary, the Purchaser shall update the baseline SRS of this SoW, to reflect the
decision of the IMPAC CCB on these Change Requests.
4.2.2.4.The Contractor shall use this updated SRS as the basis for the IMPAC system design
and subsequent design changes.
4.3.
System Design
4.3.1.
General
4.3.1.1.The Contractor shall design the IMPAC capability to meet the requirements set out in
the System Requirements Specifications (SRS, Appendix A and B, respectively).
4.3.1.2.The Contractor shall identify and describe all the physical and functional interfaces
within the IMPAC capability, and between the IMPAC capability and Purchaser
Furnished Equipment (PFE) and Purchaser Furnished Services (PFS).
4.3.2.
System Design Specification (SDS)
4.3.2.1.The Contractor shall establish and maintain the IMPAC capability System Design
Specification (SDS).
4.3.2.2.The System Design Specification (SDS) shall include the following information:
(1) Functional breakdown of the IMPAC capability.
(2) Physical breakdown of the IMPAC capability into Hardware, Software and
Firmware Configuration Items (CI, refer to §5.2.1 for CI identification). The
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breakdown shall include the number of licenses for each Software CI, with
traceability to the functional breakdown.
(3) Physical and electrical integration of the IMPAC capability components,
including mass and power budgets and the positioning of the IMPAC
components inside the Transport Case.
(4) Integration of the IMPAC capability components with the PFS to meet the
functional requirements of the SRS.
(5) Identification of COTS versus developmental items.
(6) Description of the inter-working of all components to meet the system
requirements (physical interfaces between components, data flows).
(7) Deployment and Operation principles of the IMPAC capability: overview of
how users will make use of the provided functionality, of how administrators
and network managers will monitor and control the system.
(8) Recommended Spare Parts List (RSPL), including itemised prices for each
part.
4.3.3.
System Design Reviews
4.3.3.1.The Contractor shall conduct one Design Review with the Purchaser, at four (4)
Weeks after EDC.
4.3.3.2.During the Design Review, the Contractor shall cover the following topics:
(1) System Design, as presented in the System Design Specification (SDS,
Section 4 of the PIP), including any change request, or off-specification.
(2) Breakdown of the design into lowest-level Configuration Items (CI).
(3) List of off-the-shelf products to be used in the system: the Contractor shall
identify the intended product and version, and note if any modifications,
adaptations, or additional elements are required to meet the requirements in
the SRS. For any elements that require development, the Contractor shall
describe the design, development, unit testing, and integration approach.
(4) Steps to mitigate any risks identified in the Risk Log.
(5) Draft Test and Acceptance Plan for the FAT, FAST, PSA and pre deployment
testing upon arrival in theatre, as provided with PIP.
(6) RSPL and its justification, provided as an availability analysis, following the
availability requirements set forth in the SRS (refer to Appendix A), as
provided with the PIP.
4.3.3.3.The duration of the review period of the SDS by the Purchaser shall be two (2) weeks,
i.e. shall be finished by six (6) weeks after EDC.
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4.3.3.4.A second Design Review shall be conducted, if the changes requested after the first
meeting require the Contractor to re-engineer the solution in any way.
4.3.3.5.Purchaser review and acceptance of the SDS shall not imply Purchaser acceptance of
the IMPAC capability design. It remains the sole responsibility of the Contractor to
prove the design through the regime of testing set forth in the Contract. It will be the
sole responsibility of the Contractor in the event that the system proves deficient in
meeting the Contractual requirements.
4.3.3.6.As part of the Configuration Management activities, and like any other management
product or specialist product, the Contractor shall update the SDS, in order to reflect
changes, if any, at least at each of the following major milestones:
(1) The second Design Review, if required.
(2) The Provisional System Acceptance (PSA) of the deployed IMPACs, in
garrison.
(3) The functional testing and the technical transfer to the users, in theatre.
(4) The Final System Acceptance (FSA) of the deployed IMPACs, at the
Purchaser premises (NCIA SSUP, Brussels).
4.4.
System Integration
4.4.1.
General
4.4.1.1.The Contractor shall be responsible for the integration of the IMPAC capability. This
means:
(1) Integration of the components that constitute the IMPAC.
(2) Integration of the IMPAC (kit) with Purchaser Furnished Services (PFS) as
per §4.4.3.
(3) Integration in the IMPAC (kit) of Purchaser Furnished Equipment (PFE) as
per §4.4.4.
(4) Integration of the WAN Optimisation System as per §4.4.6.
4.4.2.
Integration of IMPAC components
4.4.2.1.The Contractor shall submit the networking components of the IMPAC for NCIA
evaluation for addition to the NATO Approved Fielded Product List immediately after
the SDR.
4.4.2.2.The Contractor shall support the evaluation process where required, including
preparing the networking configuration to be evaluated, providing secure
configuration, solving security shortcomings and documenting the secure
configuration.
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4.4.2.3.For the integration requirements of the hardware and software components that
constitute the IMPAC (kit) please refer to the SRS.
4.4.3.
Integration of Purchaser Furnished Services (PFS)
4.4.3.1.The Purchaser Furnished Services include:
(1) Inmarsat BGAN PSTN connectivity.
(2) Inmarsat BGAN IP connectivity through the BGAN Anchor Points.
(3) Internet termination through the Internet Anchor Points.
(4) Commercial or NATO owned NU WAN extensions at ISAF for connecting
the IMPAC.
(5) NU WAN access through VPN Anchor Points.
(6) NU WAN connectivity between the above mentioned Anchor Points, NU
WAN extensions and the ISAF SECRET Gateways.
(7) ISAF SECRET Gateways.
(8) ISAF SECRET Anchor Points.
(9) NATO IP crypto management.
(10) NATO PKI.
(11) Firewalls, IDS and IPS management.
(12) VTC over Secure IP.
(13) Voice over Secure IP (VoSIP).
(14) AMN Functional Area Services (FAS).
(15) AMN Information Services.
4.4.3.2.The Contractor shall support the request process of PFS for the IMPAC (kit) through:
4.4.3.2.1.
Completion of NATO Service Requests (with a Excel form through the
Purchaser for each IMPAC for the above mentioned PFS thereby detailing
network design, equipment used, needed services, proposed IP numbering
schemes etc.
4.4.3.2.2.
Providing supplementary information or requests where needed.
4.4.3.2.3.
The creation of network diagrams for each IMPAC by using the NCIA Visio
stencils and templates for Deployable CIS detailing the intended connectivity
and IMPAC components.
4.4.3.2.4.
Updating these diagrams with NCIA provided service parameters such as IP
addressing (unclassified), equipment and connection identifiers resulting from
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the NCIA PFS request processing. This shall be done at a secure testing
facility.
4.4.3.2.5.
Engagement with NCIA for learning and executing the processes required to
conduct the provisioning of the PFS.
4.4.3.3.The Contractor shall implement the IMPAC, SRS compliant, ready for immediate use
of the PFS at trainings and theatre, which includes the following PFS integration
activities by the Contractor:
(1) PFS compliant configuration of all IMPAC capability hardware and
software components.
(2) The installation of VTC and VoIP client applications.
(3) Provisioning of the IMPAC capability (joining the laptops to the ISAF
Windows domain, installing virus definition updates, NATO PKI
enrolment of the networking equipment, initial IP crypto configuration)
through actively working together with NCIA PFS administrators.
(4) The purchaser shall facilitate the functional testing of the PFS access (see
FAST and PSA).
(5) Actively working together with NCIA PFS administrators to solve any
issues that are discovered on the PFS access during implementation and
testing with the IMPAC.
4.4.3.4.The Contractor shall implement the IMPAC according to:
4.4.3.4.1.
Service access parameters and settings resulting from the service requests
4.4.3.4.2.
NCIA recommended settings for the BGAN terminals, BGAN handsets,
laptops and laptop applications.
4.4.3.4.3.
NCIA Secure Configuration guidelines (these will be provided by the
Purchaser).
4.4.3.4.4.
NCIA standard templates and profiles for supporting deployable or mobile
communications. Prior to the system integration at FAST (NCIA SDEL HQ
Mons) the Contractor shall provide the detailed network design that guarantees
that the IMPAC can operate according to the network concepts explained in
the SRS, Appendix A,§A.2.2
4.4.3.5.When the Contractor proposes a design or settings that the Purchaser deems as
deviating from the current practice implemented by NCIA over NATO or ISAF
networks, the Purchaser may exercise the right to request a proof of concept from the
Contractor, during FAST.
4.4.3.6.The Purchaser reserves the right to monitor the Contractor's system integration
activities to ensure that sound engineering practices are followed.
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4.4.4.
Integration of Purchaser Furnished Equipment (PFE)
4.4.4.1.The IP Crypto Device (Thales TCE621/M) device is PFE
4.4.4.1.1.
The IP Crypto Device will include as PFE accessories:
(1)
Two Ethernet cables (see Appendix C)
(2)
One power cable (see Appendix C)
(3)
One key loader cable
4.4.4.1.2.
The Purchaser will deliver a dummy version (physical form factor) of the
TCE621/M to the contractor facility for mechanical integration purposes. The
shipment cost from Purchaser to the contractor facility will be borne by
Purchaser. The return transport from the contractor to NCIA SSUP (BE) shall
take place under the Contractor’s cost and responsibility.
4.4.4.1.3.
The Contractor shall be or become familiar with the operation of the
TCE621/M, to facilitate the engagement with NCIA for crypto provisioning
and executing the IMPAC testing.
4.4.4.1.4.
The Contractor shall perform modifications to TCE621/M cables and
connectors where needed in order to fit in - and to operate with - the IMPAC
elements. Any alternatives or changes to standard cabling delivered with the
TCE621/M crypto device shall be coordinated with NCIA and documented
(for inclusion in the security documentation prepared by the Purchaser). Refer
to Appendix C for details.
4.4.4.2.Hard Drive Disk Encryption (HDDE, Eclypt Core 600 SSD 128GB) is PFE.
4.4.4.2.1.
NCIA SDEL (sector Mons) shall undertake the physical installation and
configuration of the HDDE in the laptops.
4.4.4.3.ISAF baseline (OS and applications, see SRS) is PFE
4.4.4.3.1.
NCIA SDEL (sector Mons) shall create the images for the laptop disks with
the ISAF Software baseline (OS and applications).
4.4.4.4.Unless otherwise mentioned PFE will not be provided before the start of FAST
4.4.5.
Integration of Inmarsat BGAN terminals
4.4.5.1.The Contractor is responsible for the configuration of all Inmarsat BGAN terminals
supporting the IMPACs, such that:
(1) NATO specific settings are applied before FAST, as conveyed to the
Contractor at the Design Review.
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(2) Different data modes (streaming at different speeds, background) on the
terminal can be started and stopped by the IMPAC operator, without
requiring the use of a BLACK laptop connected to the BGAN terminal.
(3) Different Packet Data Protocol (PDP) contexts are selectable for the
implementation of QoS profiles.
(4) The phone port of the BGAN terminal supports 4 kbps PSTN calls.
(5) The fax port of the BGAN terminal supports ISDN 3.1 KHz audio calls.
(6) The BGAN terminal is using the latest firmware available through Thrane
and Thrane, or Inmarsat.
(7) USB and wireless interfaces are disabled.
(8) The BGAN menu is password protected.
(9) Auto disconnect functions are enabled.
(10) BGAN Air Traffic monitoring tool is enabled.
4.4.5.2.Airtime expenditures associated to FAST, PSA and training (both in garrison and in
theatre), will be borne by the Purchaser. The Contractor shall provide an estimate of
the BGAN airtime requirements to support these stages. The Purchaser will assess
these requirements, and reserves the right to reduce their scope, to reduce cost.
4.4.6.
Integration of the WAN Optimisation System (WOS)
4.4.6.1.The Contractor shall design, implement, install, test and document the use of the WOS
with the IMPAC per the requirements in the SRS.
4.4.6.2.The WOS shall be installed at the ISAF Secret Anchor Point at NCIA Mons as virtual
machines on the VM Ware based platform of the Purchaser.
4.4.6.3.The Contractor shall submit the WOS for NCIA evaluation for addition to the NATO
Approved Fielded Product List.
4.4.6.4.The Contractor shall support the AFPL evaluation process where required, including
preparing the WOS configuration to be evaluated, providing secure configuration of
the WOS, solving security shortcomings and documenting the secure configuration of
the WOS.
4.4.6.5. For FAT and for AFPL evaluation the Contractor shall install the virtualized WOS on
Contractor hardware. The shipment cost of the Contractor hardware from the
Contractor to NCIA SDEL Mons, and from NCIA SDEL Mons to the Contractor shall
be borne by the Contractor.
4.5.
System Implementation
4.5.1.
General
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4.5.1.1.As introduced in § 1.3.3 of this SoW, the system implementation by the contractor
shall span over the following three stages:
(1) Stage 1: Factory Integration and Testing followed by in-garrison
Configuration, Provisioning, Testing and Training
(2) Stage 2: In-theatre Testing, Training, Acceptance and technical transfer
(3) Stage 3: Final System Acceptance (FSA) after which the 1 year warranty
commences.
4.5.1.2.The implementation of the above three stages shall be outlined in the System
Implementation Plan (SIP) as part of Section 4 of the PIP. The SIP shall be updated
through the project, and shall be subject of review at each Project Review Meeting
(PRM), until and including FAST.
4.5.2.
Stage 1: Factory and In-garrison Integration, Testing and Training
4.5.2.1.Stage 1 shall cover the following activities:
(1) Factory-based integration and testing (FAT), including the crypto kits
(dummy kit).
(2) IMPAC First Article system configuration at the factory when possible (when
NATO regulations allow).
(3) First Article shipment to NCIA SDEL HQ (Mons).
(4) IMPAC and WOS Configuration, installation, provisioning and testing at
NCIA SDEL HQ (Mons).
(5) First Article System Test (FAST), involving end-to-end testing and live
access to AMN resources and services (user accounts) and WOS, with the
IMPACs deployed at NCIA SDEL Sector Mons.
(6) Configuration of the remaining IMPAC systems at the factory where possible
(when NATO regulations allow).
(7) Shipment of all IMPACs to NCIA SDEL Sector Mons.
(8) Configuration, provisioning and end-to-end testing in support of Provisional
System Acceptance (PSA), involving access to AMN resources and services
(user accounts) and WOS, with all ten (10) IMPACs deployed and operated at
NCIA SDEL Sector Mons.
(9) Shipment of all IMPACs to NCIA SDEL CSSC Brunssum.
(10) Initial system training, at NCIA SDEL CSSC Brunssum.
(11) Preparation (packing) for shipment of the IMPACs to theatre, including the
System Documentation. This involves shipment to the CSSC in Brunssum.
4.5.3.
Stage 2: In-theatre Testing, Training, Acceptance and Handover
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4.5.3.1.Stage 2 shall take place in theatre, and shall consist of the following activities for
which the Contractor will provide on- site support to the Purchaser:
(1) Functional end-to-end testing upon arrival of equipment in theatre (subset of
PSA tests);
(2) Initial System and Maintenance Training, attended by ISAF J6, NCIA Sector
ISAF staff;
(3) Initial User training, attended by ISAF users (Liaison NATO Officers, local
S6 cells);
(4) Technical transfer from NCIA SSUP to NCIA SDEL Sector ISAF.
(5) Once all IMPACs have been successfully transferred to NCIA Sector ISAF in
accordance with the contract and subject to Purchasers agreement FSA will
be conducted at the Purchaser’s premises NCIA Brussels.
4.5.4.
Stage 3: System Support
4.5.4.1.Stage 3 involves post-delivery (post FSA) Contractor’s Support, including;
(1) The Final System Acceptance (FSA) preparation, and FSA meeting at the
Purchaser’s premises;
(2) 1 year warranty and an option to the Contract for additional training.
4.5.5.
System Implementation Plan (SIP)
4.5.5.1.The System Implementation Plan (SIP), which shall be part of PIP, shall detail the
following information:
(1) The Contractor's approach to all system implementation tasks, following the
3-stage breakdown presented in §4.5.1, and describing the activities at the
various facilities involved (factory, NCIA HQ (Mons), NCIA SD Sector
Brunssum, and Depot 26).
(2) The overall schedule for the implementation activities (subset of the Project
Master Schedule, PMS).
(3) The Contractor organisation and key personnel involved in the system
implementation, both in garrison and in theatre.
4.5.6.
System Implementation Facilities
4.5.6.1.The Purchaser will provide the Contractor with (limited) access to the facilities at:
(1) NCIA SDEL HQ (Mons), for configuration, provisioning, testing and WOS
installation.
(2) NCIA CSSC Brunssum for provisioning, testing and training.
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(3) Depot 26, in theatre, for functional testing, training, commissioning and
handover.
(4) NCIA SSUP Belgium/ Netherlands for meetings and FSA.
4.5.6.2.The Purchaser will facilitate TEMPEST testing of IMPAC equipment through its
facilities in Mons or Brunssum, these facilities may not be used for development
activities.
4.5.6.3.The Contractor shall solve all interface problems that may occur during the
implementation, and shall bear the responsibility for the system's operation, support,
and performance verification, from the time of FAST of the first unit, and until the
functional end-to-end testing in theatre, and subsequent technical transfer to the users.
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SECTION 5.
INTEGRATED LOGISTICS SUPPORT (ILS)
5.1.
ILS Planning
5.1.1.
Integrated Logistics Support Plan (ILSP)
5.1.1.1.
The Contractor shall develop and maintain the Integrated Logistics Support Plan
(ILSP). The ILSP shall describe in detail all stakeholders, their responsibilities and
the procedures to follow, that are relevant to sustaining the IMPAC capability and
its associated support system during the in-service period, starting from FSA to End
of Life. The ILSP shall encapsulate, at a minimum, all Support Element Plans and
Concepts as defined below;
5.1.1.2.
The ILSP shall be structured as follows, but is not limited to:
5.1.1.2.1.
Introduction,
5.1.1.2.2.
Scope and purpose,
5.1.1.2.3.
Product Baseline (PBL; ref. 2.2.1, ACMP-1) description and background,
5.1.1.2.4.
References and definitions,
5.1.1.3.
ILS Element Plans:
5.1.1.3.1.
Operational Concept
5.1.1.3.1.1
The Contractor shall describe the Operational Concept that defines the
operational environment, constraints, locations, procedures, artefacts,
organisation and personnel skills to operate the PBL.
5.1.1.3.1.2
The Operational Concept shall refer to the Operational Requirements of the
Functional Baseline (FBL).
5.1.1.3.2.
Maintenance Concept
5.1.1.3.2.1
The Contractor shall develop and maintain the Maintenance Concept for the
PBL that defines the maintenance environment, constraints, locations,
procedures, artefacts, organisation and personnel skills to maintain the PBL.
5.1.1.3.2.2
The Maintenance Concept shall refer to the functional and non-functional
Maintenance Requirements of the FBL.
5.1.1.3.2.3
The Maintenance Concept shall define the 1st, 2nd, 3rd, and 4th Level
Maintenance tasks. At each of these Levels, the procedural description shall
include objective(s), triggering event(s), input(s), output(s), task(s), roles and
Responsibilities, Accountabilities, Consulting, and to Inform (RACI-format),
constraints, exceptional case(s), tool(s) support.
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5.1.1.3.2.4
The 1st Level Maintenance tasks shall be defined and designed for users and
operators without specialised knowledge and shall include, but are not limited
to: day-to-day "Housekeeping" tasks; visual inspections; verification of
Configuration Item (CI) functions and performance; and change of the PBL
configuration settings (e.g. attributes) for the adaptation to the operational
environment or use.
5.1.1.3.2.5
The 2nd Level Maintenance tasks shall be defined and designed for users and
operators that have received IMPAC training, and shall include, but is not
limited to: detailed PBL inspections and system checkouts; limited
calibrations; replacement of CIs without specialised equipment or skillset; and
minor equipment repairs and modifications.
5.1.1.3.2.6
The 3rd Level Maintenance tasks shall be defined and designed for specialised
military maintenance personnel, and shall include, but is not limited to:
problem and modification analysis; complex CI repairs and/or replacements;
detailed calibrations; supply support; overhaul and rebuild; implementation of
major and/or critical changes; restoration of the PBL (e.g. emergency
maintenance) that requires specialised maintenance personnel and equipment;
update and submit the documentation baseline and perform a postmaintenance implementation review; monitor and coordinate the transportation
of faulty equipment out of theatre and replacement equipment back into
theatre.
5.1.1.3.2.7
The 4th Level Maintenance tasks shall be defined and designed for OEM
vendors and suppliers, and shall include, but is not limited to: repair or
replacement of faulty items beyond the capability of third level maintenance,
usually under warranty, at NATO supplier level.
5.1.1.3.2.8
As part of the Maintenance Concept, the Supply Support Plan shall define the
supply support requirements and shall describe the procedures for the
provisioning, procurement, and acquiring of spare/repair parts, inventories, and
consumable material for the PBL.
5.1.1.3.2.9
The Maintenance Concept shall define the PBL maintenance and supply flow
amongst the various NATO and non-NATO locations, organisations, groups,
and people.
5.1.1.3.3.
Customer Support Concept
5.1.1.3.3.1
The Contractor shall develop and maintain the PBL Customer Support Concept
showing how the 1st, 2nd and 3rd Level Support will be implemented and
performed.
5.1.1.3.3.2
The 1st Level Support shall implement the Issue Management to solve any
incidents or propose workarounds to restore operational use. The 2nd Level
Support shall identify fundamental Problems and propose solutions to be
implemented by the 3rd Level Support.
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5.1.1.3.3.3
At each Support Level, the PBL Support Concept shall describe the support
environment, constraints, locations, procedures, artefacts, organisation and
personnel skills to perform the support level to the PBL.
5.1.1.3.3.4
The procedural description shall include objective(s), triggering event(s),
input(s), output(s), task(s), roles and responsibilities (RACI-format),
constraints, exceptional case(s), tool(s) support.
5.1.1.3.4.
Training Plan
5.1.1.3.4.1
The Contractor shall develop and maintain the Training Plan (POI DocumentIII) that defines the Training Enabling Objectives (EOs), teaching points,
methods, timings, schedule, resources and references, using the template from
Bi-SC Directive 75-7 Annex-J;
5.1.1.3.5.
Configuration Management Plan - CMP,
5.1.1.3.5.1
The Contractor shall develop and maintain the CMP that defines the
environment, constraints, locations, procedures, artefacts, organisation and
personnel skills to manage the PBL configuration in accordance with the
NATO ACMP-1;
5.1.1.3.5.2
The procedural description shall include objective(s), triggering event(s),
input(s), output(s), task(s), roles and responsibilities (RACI-format),
constraints, exceptional case(s), tool(s) support;
5.1.1.3.6.
Transportation Plan
5.1.1.3.6.1
The Contractor shall develop and maintain the Transportation Plan that defines
all planned (partial-) shipments, locations, point of contact(s), transportation
stages, schedules, and alternative schedules;
5.1.1.3.6.2
The Transportation Plan shall offer alternative schedules with associated
impact on the overall cost and schedule;
5.1.1.4.The initial version of the ILSP shall be provided to the Purchaser for acceptance. Upon
Purchaser Acceptance, the ILS Plan shall be placed under the Purchaser’s IMPAC
Configuration Control Board (CCB), and shall be made part of the System
Documentation (refer to §7.1.2.1).
5.2.
Maintenance and Support
5.2.1.
The Contractor shall be responsible for all levels of Maintenance and Customer
Support until FSA. After FSA, all levels of Maintenance and Customer Support will
be provided by the NCI Agency (except for warranty).
5.2.2.
Provision of Customer Support
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5.2.2.1.Starting at date of Technical Transfer, until FSA, 1st Level Customer Support
responsibility shall be gradually transferred from the Contractor to the NCI Agency
Sector ISAF in Kabul and KAF (Depot 26 and Depot 38) or alternatively to the local
ISAF HQs S6 sections
5.2.2.2.The Contractor furnished 2nd Level Customer Support shall be provided onsite.
5.2.2.3.The Contractor furnished 2nd Level Customer Support process shall create and deliver
a Problem Analysis Report per identified Issue or set of Issues as the result of the
Problem Management Process.
5.2.2.4.The Contractor furnished 2nd Level Customer Support process shall create and deliver
a Change Request as the result of the Problem Management Process work steps
5.2.2.5.The Contractor furnished 2nd Level Customer Support process shall create and
maintain descriptions of all solutions (Quick solution, Work around, Patch, Baseline
Release) to known issues in a COTS software database (“Known Error Database”).
The Known Error Database shall be established during the Baseline FAST testing. The
Known Error Database shall link issue(s) to solution(s) and corresponding
documentation and expert POC.
5.2.2.6.The Contractor furnished 3rd Level Customer Support shall be provided offsite at the
Contractor’s premises
5.2.2.7.The Contractor furnished 3rd Level Customer Support shall implement and release
solutions as defined in the Change Request.
5.2.3.
Provision of Maintenance
5.2.3.1.Starting at date of Technical Transfer, until FSA, the 1st and 2nd Level Maintenance
responsibility shall be gradually transferred to the Operational Users and Operators.
5.2.3.2.The Contractor shall provide 3rd and 4th Level Maintenance offsite at the Contractor’s
or product vendor’s premises
5.2.3.3.The Contractor shall provide 4th Level Maintenance (warranty), starting from FSA,
during the one year warranty period
5.2.3.4.At the request off the Purchaser, the Contractor shall provide onsite 3rd Level
Maintenance and Customer Support in Afghanistan, the travel not to exceed two (2)
calendar weeks.
5.3.
Configuration Management
5.3.1.
Configuration Item Identification
5.3.1.1.The Contractor shall divide the products and specialist products into CIs;
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5.3.1.2.The CI structure shall be a graph structure with the Product Baseline being the top
level and shall show the relationships between the lower level Baselines and CIs;
5.3.1.3.An explanation of the rationale and criteria used in the process of selecting CIs shall
be provided and be based on the criteria for selection of CIs as detailed in ACMP-2;
5.3.1.4.The CIs shall be chosen in a way to assure visibility and ease of management
throughout the development effort and the support to the OPL after acceptance;
5.3.1.5.All COTS, adapted, and developed software shall be designated as CIs;
5.3.1.6.Where COTS can be installed in a modular fashion, the description of the CI shall
unambiguously identify the complete list of installed components;
5.3.1.7.All complete hardware elements shall be designated as CIs;
5.3.1.8.Additional guidance about CI selection can be found in ACMP-1 and in STANAG
4159;
5.3.1.9.The Contractor shall ensure that the configuration baselines and configuration items
are persistently stored in a COTS Configuration Management Database (CMDB) and
that it shall be kept consistent and updated;
5.3.1.10. The CMDB shall provide the ability to easily trace higher and subordinate CIs
using CI identifiers or other CI attributes;
5.3.1.11. Every CI shall have a unique identifier;
5.3.1.12. The Purchaser reserves the right to modify the CI structure and attributes;
5.3.1.13. The level of granularity for the Configuration Item selection shall reach at
minimum:
5.3.1.13.1.
Line Replaceable Units (LRUs) - Hardware CIs,
5.3.1.13.2.
Software Assets and/or Firmware - Software CIs,
5.3.1.13.3.
Documentation delivered under this Contract - Documentation CIs.
5.3.1.14. The Hardware CI attributes shall include, but is not limited to, the Material
Datasheet information (see Section 2.2.3.3);
5.3.1.15. The Software CI attributes shall include, but is not limited to, the ACMP-1
definitions;
5.3.1.16. The Documentation CI attributes shall include, but is not limited to, the Contract
Schedule of Supplies and Services (SSS);
5.3.2.
Configuration Control
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5.3.2.1.The Contractor shall be fully responsible for the Configuration Control of all
Baselines and CIs in accordance with ACMP-3;
5.3.2.2.The Contractor shall define the responsibilities and procedures used within the
Contractor's organization for configuration control of established CI, and for
processing changes to these CI.
5.3.2.3.The authority and responsibility of the Contractor and the Purchaser with respect to
configuration control shall be defined herein.’
5.3.2.4.The Contractor shall define the Configuration Baseline Change procedures and shall
submit Notice of Revision or Request for Deviations and Waivers when required and
approved by the Purchaser;
5.3.2.5.Change Request
5.3.2.5.1.
Any change request shall include, as a minimum, the following information:
(1) Change Request Number
(2) Requirement affected (using the outline numbering of the core SOW, or of
Appendix A, B)
(3) Nature of change
(4) Rationale for the change
(5) Impact of change
(6) Description of how the change will be reflected in the delivered system’s
cost, schedule, and/or performance. This description shall include any
trade-offs that shall be considered.
(7) Status
(8) Priority
5.3.2.5.2.
5.3.3.
The Contractor shall maintain a version control system as part of its CM
program and CMDB. This version control system shall allow for the unique
identification of all changes to the CIs, no matter how minor the change.
Configuration Status Accounting
5.3.3.1.The Contractor shall be fully responsible for the Configuration Status Accounting
(CSA) for all CIs in accordance with ACMP-4;
5.3.3.2.Under the CSA function the Contractor shall prepare CSA reports in a manner, and
format which shall be proposed by the Contractor in his CM Plan and approved by the
Purchaser;
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5.3.3.3.The Contractor shall deliver CSA reports to the Purchaser both as part of management
and specialist products in this contract and also as standalone documents at the
Purchaser’s request;
5.3.3.4.At the end of the Contract, the Contractor shall deliver a set of final CSA reports for
each CI in both hard copy and in electronic media;
5.3.4.
Configuration Verification
5.3.4.1.Upon request from the Purchaser, the Contractor shall support configuration audits to
demonstrate that the actual status of all CIs matches the authorised state of CIs as
registered in the CSA reports according to ACMP-5;
5.3.4.2.The Contractor shall support the Functional Configuration Audit (FCA) and Physical
Configuration Audit (PCA) by providing the required Baseline Documentation and
answering questions from the Purchaser’s Auditor;
5.3.4.3.The Contractor shall draft a Configuration Audit Report for the FCA and PCA that
summarises the results for the Purchaser’s approval;
5.3.4.4.The Contractor shall solve any deficiencies found during the Configuration
Management Audits within the agreed timeframe and update the Baseline accordingly;
5.3.4.5.The initial version of the ABL, and PBL shall be provided to the Purchaser for
acceptance. Upon Purchaser Acceptance, ABL and PBL shall be placed under the
control of the Configuration Control Board (CCB);
5.3.4.6.The acceptance of the ABL and PBL by the Purchaser signifies only that the
Purchaser agrees to the Contractor’s approach in meeting the requirements. This
acceptance in no way relieves the Contractor from its responsibilities to meet the
requirements stated in this Contract;
5.3.4.7.The Contractor shall keep the contents of the ABL and PBL under Configuration
Control and shall keep it current to reflect the progress of the project activities;
5.3.5.
Configuration Management Tool
5.3.5.1.The Contractor shall create and maintain a COTS based Configuration Management
Database (CMDB) that persists the Configuration Item (CI) attributes, (inter-)
relationships, and Configuration Baselines;
5.3.5.2.A software version source code control program shall be used for any custom software
development;
5.3.5.3.The Contractor shall provide these tools as part of the PBL if they are non-COTS and
deliver a proprietary database format;
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5.4.
Packaging, Handling, Storage and Transportation (PHS&T)
5.4.1.
Development and maintenance of the Transportation Plan
5.4.1.1.The Contractor shall provide the Transportation Plan twenty (20) working days before
the first delivery in electronic format;
5.4.1.2.The Transportation Plan shall describe the end-to-end route and stages of the PBL CI
transportation from the Contractor’s origin to its final operational destination;
5.4.2.
Deliver Hardware Baseline
5.4.2.1.The Contractor shall transport all equipment covered under this Contract, from a
NATO country to NCIA SDEL Mons, Belgium and to the NATO depot at CSSC
Brunssum (Depot 3), The Netherlands, at the expense of the Contractor;
5.4.2.2.All equipment covered under this Contract will be transported from the NATO depot
at CSSC Brunssum (Depot 3), The Netherlands to final destination in Afghanistan by
the Purchaser, at the expense of the Purchaser;
5.4.2.3.The NCIA PoC for all shipment instruction and shipment request is:
NCI Agency, Service Supply
Attn.: Mr Heinz Mueller-Nordmann
Principal ILS Assistant
Ave. du Bourget 141
B-1110 Brussels
Belgium
Tel: +32 (0)2 707 8669
Fax: +32 (0)2 707 8770
E-mail: [email protected]
5.4.3.
System Inventory/ Material Data Sheet (MDS)
5.4.3.1.The Contractor shall provide ten (10) working days before the first delivery in
electronic format a Material Data Sheet that, as a minimum, shall include the data
elements cited with an “M” mandatory below, if applicable. This listing, amended as
necessary, shall be used for acceptance purposes and to create data element entries in
the NATO Accounting system.
5.4.3.2.The final System Inventory shall be provided as a hard copy as well as on electronic
media in Microsoft Excel or Access database format. Details on the exact format of
the various data elements to be adopted will be communicated following contract
award. An inventory template together with a full content description for each column
(electronic format) shall be provided to the Contractor at the time of contract award.
For information purposes, the minimum inventory/equipment data elements required
are as follows:
a. Contract Customer Line Item Number (CLIN);
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b. NATO Stock Number (NSN - if available);
c. Nomenclature – M;
d. Expendable/Repair code XB/ND – M;
e. True Manufacturer Part Number – M;
f. True Manufacturer Cage Code – M (or complete name and
address);
g. Vendor/Contractor Cage Number (or complete name and address) –
M;
h. Vendor/Contractor Part Number – M;
i. Quantity ordered-M;
j. Order Unit – M;
k. Serialized Item Tag – M;
l. Serial number – M;
m. Serial number software revision level;
n. Serial number hardware revision level;
o. Other serial number attributes;
p. Currency – M;
q. Unit Price – M;
r. Warranty expiration date – M;
s. Receiving NATO Depot;
t. Extended Line Item Description;
u. Part Number of next higher assembly;
v. Quantity in the next higher assembly.
5.4.4.
Codification
5.4.4.1.On the basis that an adequate manufacturer’s identification numbering system is in
place, the NATO codification (as described in Clause 33 of the NCIO General
Provisions) is not required.
5.4.5.
Spare Parts
5.4.5.1.The Contractor shall provide a detailed and priced Recommended Spare Parts List
(RSPL) that shall reflect all individual spare part components for the installed
equipment.
5.4.5.2.The RSPL shall as a minimum include the following main subjects:
(1) Item sequence number;
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(2) Detailed item description;
(3) True manufacturer's part number;
(4) True manufacturer's identification code (Cage Code) or name;
(5) Mean Time Between Failures (when validated data is available);
(6) Next higher assembly;
(7) Unit price.
5.4.5.3.Spare Parts shall be individually identified, selected and ordered in the Contract.
5.4.5.4.If ordered,Spare Parts shall be provided in adequate transport cases, protecting the
parts during transportation and storage.
5.4.6.
Preservation and Packaging
5.4.6.1.The Contractor shall ensure that the various supplies will be transported, packaged,
crated, or otherwise prepared in accordance with the best commercial practices for the
types of supplies involved, giving due consideration to shipping and other hazards
associated with the transportation of consignments to overseas.
5.4.6.2.The Contractor shall ensure that packing lists are provided in such a way as to permit
easy identification of the items to be delivered to destinations. These packing lists
shall accompany the shipment. Each individual box from a consignment shall have
one packing list in weather proof envelope affixed to the outside of each box that
indicates exactly what is contained inside. One copy shall also be put inside each box.
5.4.6.3.A detailed description of packaging to be used shall be provided.
5.4.6.4.Any special packaging materials required for the shipment of items shall be provided
by the Contractor.
5.4.7.
Package Marking
5.4.7.1.The packages, palettes and/ or containers in which supplies are transported shall, in
addition to normal mercantile marking, show on a separate nameplate the project
name, contract number and shipping address.
5.4.7.2.All hardware packaging supplied shall be marked as applicable with the true
manufacturer's part number, serial number and revision level as identified in the
relevant technical documentation.
5.4.8.
Packing Lists
5.4.8.1.Packing lists shall accompany each shipment, which shall as a minimum include the
following:
(1) The NCIA contract number;
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(2) The NCIA Project Title;
(3) Item description;
(4) Item part number and serial number;
(5) CLIN number as per the SSS;
(6) Name and address of the Contractor/ Sender, the Purchaser and Consignor;
(7) Detailed weight and dimensions per box/pallet/container;
(8) Box number and number of boxes in the consignment.
5.4.8.2.Two copies of the packing lists shall be fastened in a sealed envelope on the outside of
each box, palette and/ or container.
5.4.9.
Customs Form 302
5.4.9.1.The Contractor shall ensure the timely request of Customs Forms 302 which are
required for duty free import/export of supplies. Following receipt of the request by
the Purchaser, normally a maximum of three working days is required for the issue of
the form. This form is not required for movements within the European Union.
5.4.9.2.These forms shall be originals and cannot therefore be faxed but shall be mailed or
sent by mail/express courier. In case that an express courier has to be used to ensure
that the form is available in time before shipment, all associated costs shall be the
responsibility of the Contractor.
5.4.9.3.The written request for a 302 form shall contain the following information:
(1) Purchaser Contract Number.
(2) CLIN, Designation and Quantities.
(3) Destination.
(4) Number and Gross Weight.
(5) Consignor’s and Consignee’s Name and Address.
(6) Method of Shipment, i.e. road, rail, sea, air, etc.
5.4.9.4.If a country refuses to accept the Form 302 and requires the payment of customs
duties, the Contractor shall immediately inform the Purchaser by the fastest means
available and obtain from the Customs Officer a written statement establishing that his
country refuses to accept the Form 302. Only after having received Purchaser’s
approval the Contractor shall pay these customs duties and the Purchaser shall
reimburse the Contractor at actual cost against presentation of pertaining documents.
5.4.9.5.The Contractor shall inform forwarding agents of the availability of Form 302 and
how this form is utilised to avoid the payment of customs duties. This Form 302 shall
be added to the shipping documents to be provided to the carrier.
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5.4.10. Notice of Shipment
5.4.10.1. Ten (10) working days before each shipment of supplies, the Contractor shall
provide the Purchaser with a notice of shipment comprising the following details:
(1) Shipment Date.
(2) Contract Line Item.
(3) Consignor and Consignee.
(4) Number of Packages/Containers.
(5) Final/Partial Shipment.
(6) Mode of Shipment.
(7) Number of 302 Forms used (if used).
5.5.
Warranty
5.5.1.
The Contractor shall warrant that all delivered Software and Hardware Configuration
Items under this Contract function according to their specifications.
5.5.2.
The Warranty period for all Hardware and Software CI’s starts at FSA for the
duration of one (1) calendar year.
5.5.3.
The Contractor shall repair/ replace/ fix all CI’s received through the Customer
Support and/or Maintenance process with the highest priority allocated and shall be
responsible for returning the CI to the NATO Depot 3 at CSSC Brunssum, The
Netherlands through express delivery or electronic submission within ten (10)
working days after receipt at the Contractor premises, at the expense of the
Contractor. Return of failed items to the Contractor is the responsibility of the
Purchaser, at the expense of the Purchaser.
5.5.4.
If the Contractor becomes aware at any time before acceptance by the Purchaser that
a defect exists in any PBL Hardware and Software CI, the Contractor shall
coordinate with the Purchaser and promptly correct the defect.
5.5.5.
In no case will the Purchaser accept the return of a full IMPAC unit to the factory for
the purpose of replacing or upgrading single components.
5.5.6.
The Contractor shall warrant that any developed PBL Software CI(s) shall perform
according to their ABL specifications and that any defects discovered shall be
corrected.
5.5.7.
The Contractor shall be responsible for updating and maintaining the PBL
throughout the Warranty period.
5.5.8.
The Contractor shall be responsible for the provision of any alternative or
superseding items, should the original part be no longer available ensuring ABL and
PBL compliance.
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5.5.9.
During the 1-year warranty period the Contractor shall be responsible for
implementing all COTS hardware and/or software upgrades.
5.5.10. The availability of COTS hardware and/or software upgrades shall be made known
to the Purchaser and, if proposed for introduction by the Contractor for whatever
reason, including any corrective action for an identified fault, shall always be subject
to Purchaser approval.
5.5.11. The Contractor shall submit at the end of the Warranty period a Warranty Report that
documents all identified Warranty cases, affected CI's, corrective actions, cost and
schedule.
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SECTION 6.
QUALITY ASSURANCE AND CONTROL
6.1.
Quality Assurance Program
6.1.1.
The Contractor shall establish, execute, document and maintain an effective Quality
Assurance (QA) program throughout the Contract lifetime. This program shall be in
accordance with the compliance documents, and shall meet the requirements of ISO
9001:2008.
6.1.2.
The QA program shall apply to all services and all products (both management
products and specialist products) to be provided by the Contractor under this
Contract (this includes all hardware and Software COTS as well as developed for this
project – documentation and supplies that are designed, developed, acquired,
maintained or used, including deliverable and non-deliverable items.).
6.1.3.
The QA program shall ensure that procedures are developed, implemented and
maintained to adequately control the design, development, production, purchasing,
installation, inspection, testing, configuration management and customer support of
all services and all products (both management products and specialist products), in
accordance with the requirements of this Contract.
6.1.4.
The Contractor shall include certificates of the same nature for all major subcontractors who are expected to manufacture and deliver critical elements of the
system and show how the provisions of the Prospective Contract regarding QA/QC
will be inserted in all subcontracts and enforced by the Prime Contractor.
6.1.5.
The QA program shall be described in detail in the Quality Assurance Plan (QAP,
Section 6 of the PIP).
6.1.6.
The QAP shall clearly indicate the QA activities, responsibilities, and controls for the
Contractor and any sub-Contractors.
6.2.
Purchaser Quality Assurance Representative
6.2.1.
As provided under STANAG 4107 (see 2.4.1), the Purchaser has the right to delegate
some of the QAR responsibilities to a National Quality Assurance Representative
(NQAR).
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SECTION 7.
DOCUMENTATION
7.1.
Documentation Requirements
7.1.1.
Documentation Format
7.1.1.1.All the documentation to be provided under this Contract shall be written in English
(preferably United Kingdom Standard).
7.1.1.2.The security classification of any non-COTS documentation shall follow the NATO
security guidelines. No Contractor-provided documentation shall bear any non-NATO
protective markings.
7.1.1.3.Any contractual documentation shall have a clear title indicating the Contractual
deliverable it pertains to, a reference and version number, and appropriate signature
blocks demonstrating that the documentation has been subject to the Contractor’s
quality process.
7.1.1.4.Any contractual documentation shall include a ‘version history’ block identifying at
least for the last version the complete list of changes brought to the document since
the previous version, and clearly indicating any superseded documents (including the
previous version of the document).
7.1.1.5.Each change from the previous version shall be identified at least by Section#, Page#,
Nature of change. (A summary list is sufficient provided that the changes are tracked
within the document, e.g. using the ‘change tracking’ mechanism in MS WORD, or
some equivalent for other applications).
7.1.1.6.Electronic format documents shall be delivered in both native format and in collated
PDF version (integrating different formats/sections for each document).
7.1.2.
System Documentation
7.1.2.1.The System Documentation shall consist of:
(1) System Design Specification (SDS), refer to § 4.3.2;
(2) System Configuration Files, refer to §7.1.3;
(3) As-Built drawings, refer to §7.1.4;
(4) Manuals, refer to §7.1.5 and Section 5;
a. Equipment Operating & Maintenance Manual,
b. IMPAC Administrator Manual,
c. IMPAC User Manuals
d. Quick Setup Card
(5) Integrated Logistics Support Plan (ILSP), refer to Section 5;
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(6) Training Material, refer to Section 8;
(7) Test Procedures, Test Reports and Off-Specification Reports, if applicable
(refer to Section 9 of this SoW);
(8) Inventory of provided assets (CMDB);
(9) Spare Parts Lists.
(10) Known Error Database.
(11) Certificate of Conformaty.
7.1.3.
System Configuration Files
7.1.3.1.The configuration of the BGAN terminal, networking devices, crypto device, and any
other components of the IMPAC and the WOS, shall be documented in the System
Configuration Files.
7.1.3.2.The System Configuration Files shall also contain guidance on how to show, edit and
save those configurations on the respective devices, together with user or
administrator passwords, as required.
7.1.3.3.The System Configuration Files shall be classified and labelled according to their
official NATO classificaiton.
7.1.4.
As Built Drawings
7.1.4.1.As Built drawings shall be self-sufficient and independent of any other documents and
shall cover Plans of the physical details of all installed equipment, cables, apparatus
and devices, and details of all interfaces plus all original manufacturer documents.
7.1.5.
Manuals
7.1.5.1. Equipment Operating & Maintenance Manuals
7.1.5.1.1.
The Contractor shall provide Equipment, Administrator, Quick Set Up, WOS
and User Manuals for all hardware and Software installed in the IMPAC and
WOS, including COTS and Contractor customized or developed items.
7.1.5.1.2.
COTS manuals may require amendments by preparation of supplemental data
to make them fully acceptable for Purchaser use.
7.1.5.1.3.
The Equipment Manuals shall cover at least:
(1)
Installation instructions.
(2)
Physical, power and environmental data.
(3)
Functional descriptions.
(4)
Performance data.
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(5)
Descriptions of all indicators, switches, switch positions, displays etc.
(6)
Operating instructions.
(7)
Interfaces to external systems.
(8)
Maintenance instructions.
(9)
Fault finding techniques.
(10)
Support equipment/tools description.
7.1.5.2.IMPAC Administrator Manual (kit only)
7.1.5.2.1.
The IMPAC Administration Manual shall:
(1)
Provide all information and procedures required for the installation,
configuration, provisioning, gathering usage information, testing,
maintenance, troubleshooting, using spares and repair of the IMPAC
capability by NATO CIS personnel.
(2)
Include but not be limited to mechanical, electrical, layer 2 and layer 3
network connectivity aspects for the information and procedures
described at (1).
(3)
Provide an overview of the IMPAC capability
(4)
Provide an overview of the IMPAC (sub) components
(5)
Cover IMPAC performance data, environmental conditions, physical
data, and power requirements.
(6)
Describe and explain at physical level how the IMPAC is integrated.
(7)
Describe and explain at network level how the IMPAC is integrated
with the PFE and PFS.
(8)
Provide references to the Equipment Manuals.
(9)
Comply with IEC 82079-1.
7.1.5.3.IMPAC User Manual (kit only)
7.1.5.3.1.
The IMPAC User Manual shall:
(1)
Be usable as a user manual for the operation of the IMPAC in the field
by a non-technical user who is not trained on the IMPAC.
(2)
Be organized around using the IMPAC capabilities (such as accessing
ISAF SECRET data, making a PSTN call, troubleshooting, etc.) and the
associated tasks and not on product or technology descriptions.
(3)
At least address the subjects as described at 8.2 Training Contents.
(4)
Comply with IEC 82079-1.
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(5)
Be compact (A5 size) and durable for field usage (water proof print and
paper, hard covers, and coil binding).
7.1.5.4.Quick Setup Card (kit only)
7.1.5.4.1.
The IMPAC Quick Setup Card shall be produced as a small (A4 or A5) and
solid (laminated) sheet with illustrated instructions. It shall instruct an operator
not trained on the IMPAC to operate the IMPAC through easy to follow steps.
7.1.5.4.2.
At least the following shall be included in the Quick Setup Card:
(1)
Connecting to the BGAN terminal and starting the BGAN services.
(2)
How to setup and operate the IMPAC.
(3)
Accessing the ISAF SECRET network through the IS laptop.
(4)
Making PSTN calls.
(5)
Making VoIP calls.
(6)
Making VTC calls.
(7)
Disconnecting from services
(8)
How to dismantle and repack IMPAC
7.1.5.5.WOS Administration Manual
7.1.5.5.1.
The WOS Administration Manual shall:
(1)
Provide all information and procedures required for the installation,
configuration, provisioning, gathering usage information, testing,
maintenance, troubleshooting, using spares and repair of the WOS by
NATO CIS personnel.
(2)
Describe and explain at network level how the WOS is integrated with
the PFE and PFS.
(3)
Provide references to the Equipment Manuals.
(4)
Comply with IEC 82079-1.
7.2.
Documentation Delivery and Review
7.2.1.
The System Documentation shall be part of the packaging of the IMPAC, when the
system is shipped from CSSC (Depot 3) to Depot 26 (ISAF).
7.2.2.
The Contractor shall present the documentation deliverables and the delivery
schedule, in a Documentation Plan (DP, Section 7 of the SoW)
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7.2.3.
The documentation shall be available on electronic media using standard Software
packages at least readable on Microsoft based systems and allowing ‘cut and paste’
so that the Purchaser can easily transfer some of their contents to other documents.
7.2.4.
One hard copy and one soft copy of the manuals shall be provided for each IMPAC
and an additional hard and soft copy at each of the following locations:
7.2.4.1.D26 (ISAF), Sector ISAF, NCIA documentation centre, NATO Training centre
Latina.
7.2.5.
The Contractor shall submit all documentation in electronic and paper format to the
Purchaser for review and comments as applicable.
7.2.6.
Except otherwise stated for specific documents, the following provisions shall apply
for any documentation to be provided by the Contractor under this Contract:
7.2.6.1.The Contractor shall provide a first draft (version 0.1) of each deliverable for
Purchaser review. The first draft shall be substantially complete in content and
formatting.
7.2.6.2.The Purchaser shall provide comments, corrections, and suggested changes to the
Contractor within ten (10) working days of receipt. The Purchaser reserves the right to
return without review a document that has significant deficiencies (e.g. a document
only including a table of contents). The Contractor shall not rely on the Purchaser
review to fill in deficiencies or obtain missing Purchaser information.
7.2.6.3.The Contractor shall resubmit the document as a revised draft (version 0.2)
incorporating the Purchaser's comments within ten (10) working days after receipt.
7.2.6.4.The Purchaser shall provide comments, corrections, and suggested changes to the
Contractor within ten (10) working days of receipt.
7.2.6.5.The Contractor shall provide the Final (version 1.0) document within ten (10) working
days of receipt of the Purchaser's comments on the revised draft.
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Book II, Part IV, Statement of Work
SECTION 8.
TRAINING
8.1.
General
8.1.1.
All training as described below is only required for the IMPAC kit.
8.1.2.
The Purchaser considers proper training crucial to the successful operation of the
IMPAC.
8.1.3.
The Contractor shall provide training in garrison and in theatre.
8.1.4.
The training responsibilities to be undertaken by the Contactor shall cover:
(1) Maintenance and Support training courses (IMPAC Administrator),
(2) User Operator training courses,
(3) The supporting materials for (1) and (2) above.
8.1.5.
Two types of instructor- led training shall be provided by the Contractor:
(1) IMPAC User Operator Training course, for setting up and operating the
IMPAC.
(2) IMPAC Administrator course, for NATO instructors responsible for
conducting training and the in theatre NCIA SDEL Sector ISAF.
8.1.6.
The IMPAC Administrator training package shall be based on the User operator
training package, modified or augmented as follows:
(1) Background and context information shall be covered with a higher level of
detail, to give the trainer a closer view of the network architecture, through:
a. Details on how the IMPAC is integrated with the networks in SHAPE
and ISAF, including detailed network diagrams.
b. Description and justification for the configuration of key components
of the IMPAC.
c. Review of any additional capabilities that the system can provide.
(2) Training material specifically built for trainers to teach the IMPAC Operator
Training courses in theatre
(3) Guidance and hints for effectively conducting the training courses (assume
future trainers have no former training experience).
8.1.7.
A Training Plan (TP) detailing the development and implementation of the training
deliverables shall be provided by the Contractor to the Purchaser for review.
8.2.
Training Contents for the IMPAC
8.2.1.
As a minimum the Training Contents shall include (not necessarily in this order):
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(1) Overview of the IMPAC capabilities.
(2) Overview of the IMPAC cases and their components.
(3) Packing and unpacking.
(4) Overview and operation of the BGAN terminal, including setup of the
different data modes on the BGAN (streaming, best effort), and guidance on
when to use which.
(5) Setup of the IMPAC including:
a. TCE configuration and NIATC (NATO Information Assurance
Technical Centre) activation (this will be confidential information to
be left out of the training documentation).
b. Operation of the laptop with Eclypt.
c. ISAF SECRET data access, domain and user account logins.
d. ISAF SECRET VoIP and VTC access.
e. Using the IMPAC in the ‘light’setup
(6) Connection through the IS LAN, NU WAN.
(7) Power options for the IMPAC, including:
a. Operation on mains power (AC).
b. Operation on Power Backup including:
i. Maximizing battery autonomy and battery life
ii. Battery charging
c. Operation on military batteries.
d. Operation on vehicle batteries.
(8) Safe operation of the IMPAC and its components, including:
a. The use of the Li-Ion batteries.
b. Electrical safety.
c. RF hazards.
(9) Secure operation of the IMPAC, including IMPAC-specific security measures
in the SecOPs and SSRS (only NATO Unclassified information shall be put
in the user manual)
(10) Recommendations for operational usage, including:
a. Practical limitations of Inmarsat-based connections (speed, latency,
contention, blocking).
b. Monitoring air-time usage statistics (volume, duration, cost).
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c. Use of BGAN streaming and background services.
d. Best-use (lowest cost, fastest) of desktop applications, related to the
Inmarsat bandwidth, link latency and costs
e. Recommendations provisions for the use of software updates (in
accordance with SecOPs).
f. Use of support tools, applicable to BGAN services and to the IMPAC
(refer to Appendix A)
g. Dealing with the environmental conditions of the ISAF theatre, such as
high and low temperatures (component limitations), dust, and transport
(packaging).
(11) Basic troubleshooting of the IMPAC, including:
a. Fault finding, including:
i. Use of indicators on the components (LEDs, displays)
ii. Use of basic network testing tools, like ping
iii. TCE diagnostics.
iv. Network component console access.
b. Fault resolution and workarounds, including:
i. Cable replacement.
ii. Fuse replacement.
(12) Logistics support processes, including:
i. Where and how to ask for support (including hot-lines, to be
provided by the Contractor, NCIA support desk, Inmarsat)
ii. How to report issues
8.3.
Training Design
8.3.1.
The training design shall follow an existing instructional methodology that links
training objectives with course structure, instructional techniques, course content,
and assessment tools.
8.3.2.
The training shall gradually build-up from a basic setup, adding more complicated
topics as the training sessions evolve (such as troubleshooting, or use of alternative
power sources)
8.3.3.
The training shall concentrate on operator tasks needed to make use of the IMPAC
rather than explaining how individual components work to support those capabilities.
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8.3.4.
The training shall maximize the active participation of the students, and make
maximum use of hands-on exercises, assigning one IMPAC per every two students,
when circumstances permit.
8.3.5.
On completion of the training the trainee shall be able to pass a confirmatory test to
show that they are competent to utilise the equipment according to their role. This
test shall be completed as an individual to replicate a typical use case scenario.
8.4.
Training Delivery
8.4.1.
Supporting documentation
8.4.1.1.The Contractor shall create:
(1) Student handbooks for each course, providing the student with necessary
information on all lesson objectives and contents, guidance for all learning
activities and cross-references to assist the students in achieving the course
objectives
(2) Self-training guides, providing the student with all necessary information to
assist the students in learning the operation of the IMPAC without access to a
trainer or instructor-led course
(3) Course certificates to certify students successfully completed the course
(4) Trainer guides, containing all necessary information for future trainers to
prepare and conduct lessons, and to evaluate students, including exercises,
quizzes, and examinations (with their corresponding answer sheets).
8.4.1.2.The supporting training documentation shall be provided in the following quantities
(Table 1) including those that are handed out during the trainings:
Material
Trainers guide
Student handbook
Self-training guide
Training certificates
Table 1
8.4.2.
No. of Copies
12
36
36
48
Media
Printed + CD
Printed + CD
Printed + CD
Printed + CD
Training documentation to deliver
Use of IMPAC Resources
8.4.2.1.For the instructor led courses it can be assumed that one IMPAC will be available per
two students.
8.4.3.
Class Size
8.4.3.1.For the instructor led courses it can be assumed that the maximum number of students
will be ten (10).
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8.4.4.
Locations
8.4.4.1.The Contractor shall provide instructor led courses at the locations of Table 2:
Course
Location
Frequency
IMPAC Administrator Course Brunssum
1
IMPAC user operator training
Depot 26
1
IMPAC Administrator Course Depot 26
1
Table 2 Training locations
8.4.4.2.The Purchaser shall make available the training facilities for the instructor-led courses.
8.5.
Training duration
8.5.1.
The estimated training durations are given in Table 3:
Training
Duration [Days]
IMPAC Maintenance and Support 2
training
IMPAC user operator training
2
Table 3 Training duration
8.5.2.
The estimated durations exclude any Contractor training preparation at the two
locations.
8.6.
Personnel qualifications
8.6.1.
IMPAC User operator training: The Contractor shall not assume any knowledge or
experience prerequisite for the users, other than a working-level proficiency in the
English language, basic user-knowledge of the Microsoft Windows Operating
System, of the Microsoft ‘Office’ suite, and of the Microsoft Internet Explorer
browser.
8.6.2.
IMPAC System and Maintenance training: The Contractor shall assume that trainees
will have proficiency in the English language, knowledge of the Microsoft Windows
Operating System and basic engineering knowledge of transmission systems, routing
and operating systems.
8.6.3.
Instructors shall meet a minimum English language proficiency equivalent to SLP
4444(in accordance with NATO STANAG 6001).
8.7.
Preparation and Review of Training Material
8.7.1.
All training material delivered under this Contract shall be subject to review and
written approval by the Purchaser.
8.7.2.
The Contractor shall deliver, not later than EDC +11, a complete draft of all training
material for review by the Purchaser.
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8.7.3.
Upon acceptance of the draft version, the Contractor shall deliver the final version of
the training material in accordance with the Schedule of Supplies and Services (SSS).
8.7.4.
The Contractor shall evaluate each training course through the use of evaluation
forms to be filled in by every student.
8.7.5.
The completed evaluation forms will be made available to the Purchaser.
8.7.6.
The Contractor shall update the training material when necessary based on the
outcome of the evaluations.
8.7.7.
The Contractor shall update the training material whenever a modification, upgrade
or version change is implemented to the IMPACs as supplied to the Purchaser.
8.8.
Follow-on Instructor Support
8.8.1.
The Contractor shall deliver additional IMPAC courses following the trainings in
garrison, and in theatre, as options to the Contract.
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SECTION 9.
9.1.
TESTING AND ACCEPTANCE
General
9.1.1.1.This section outlines the testing process to be applied to all test activities to be
performed under this Contract.
9.2.
Testing Approach
9.2.1.1.The Purchaser requires a set of testing activities to verify the IMPAC capability’s
compliance with the Contractual requirements, to demonstrate its operational
suitability, and to evaluate its performance to establish benchmarks for future changes
and enhancements.
9.2.1.2.The Contractor shall have the overall responsibility for meeting the IMPAC capability
testing requirements and conducting all related activities. This includes the
development of all test documentation required under this Contract, the conduct of all
testing, and the evaluation and documentation of the tests results
9.2.1.3.The Testing Approach shall comprise four test sessions as follows:
(1) The Factory Acceptance Tests (FAT), at the Contractor’s premises
(2) Site acceptance tests, as:
a. First Article System Acceptance Tests (FAST), at NCIA SDEL, for the
first IMPAC unit.
b. Subsequent testing of all ten (10) units at NCIA SDEL Sector Mons
under Provisional System Acceptance (PSA).
c. Functional testing in theatre (Depot 26).
9.2.2.
Testing shall verify compliance to the requirements in the SRS
9.2.2.1.In all test cases, the Contractor shall prove compliance through any combination of the
following as directed by the purchaser:
(1) Inspection (I)
(2) Testing (T)
(3) Analysis (A)
(4) Demonstration (D)
(5) Certificates of Compliance, CoC (C)
9.2.2.2.Before each test session the Contractor shall ensure that its hardware, software, test
equipment, instrumentation, supplies, facilities, and personnel are available and in
place to conduct the test session.
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9.2.2.3.The Purchaser will monitor and inspect the Contractor’s test activities to ensure
compliance.
9.2.2.4.As the supporting documentation for each test session the Contractor shall develop the
Test and Acceptance Plan (refer to § 9.5.1).
9.3.
Testing Sequence
9.3.1.
Factory Acceptance Tests (FAT)
9.3.1.1.The Contractor shall conduct FAT at the factory.
9.3.1.2.During the FAT the Contractor shall prove that the WOS and all the individual
components of the IMPAC capability or the assembled IMPACs meet the
requirements of the SRS as follows:
(1) Functional Requirements (for as far they can be tested at the factory)
(2) Performance Requirements
(3) Operational Requirements on Usability and Monitoring and Control.
(4) Physical Requirements
(5) Environmental Requirements
(6) Equipment Technical Requirements.
(7) Power Requirements
9.3.1.3.Any shock and vibrations, stress tests performed on individual components of the
IMPAC, or on the assembled IMPACs, to verify the environmental requirements shall
be performed on test units, not to become part of the deliverables to the Purchaser.
9.3.1.4.The Purchaser shall be able to use his right to observe the FAT, and to have the
Contractor perform additional selected testing tasks, to confirm compliance.
9.3.1.5.The Contractor shall document the FAT results in a FAT Test Report.
9.3.2.
First Article System Acceptance Tests (FAST)
9.3.2.1.FAST is a system-level test, and shall be conducted on the first IMPAC production
unit (IMPAC-1), at NCIA SDEL HQ Mons. During the FAST the Contractor shall
prove that the Functional Requirements, as per the SRS are met. In particular:
(1) Interaction with the BGAN terminal (activation of streaming profiles, use of
PDP contexts), using the Purchaser’s provided SIM cards.
(2) IMPAC NU WAN connectivity over Inmarsat and NU WAN extensions.
(3) IMPAC IS connectivity through the IS Gateways and Anchor Points, using
the above mentioned NU WAN connectivity as bearer.
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(4) Connectivity, registration and use of the VoIP phone to a Call Manager.
(5) Connectivity, registration and use of VTC client.
(6) Use of the WOS (The contractor shall create a test environment
representative of the use of the IMPAC over BGAN links.
(7) Access to user accounts, Functional Area services, Information Services.
9.3.2.2.During FAST, the Contractor shall demonstrate that the IMPAC meets all of the
security accreditation requirements to operate at ISAF SECRET level, and is ready for
use and fielding. For that purpose:
9.3.2.2.1.
The Contractor shall update the NCIA Security Test and Evaluation (ST&E)
Plan (STEP) for small Deployable CIS to match the Contractor selected
hardware and IMPAC IP addressing scheme.
9.3.2.2.2.
The Contractor shall conduct the Security Tests of the STEP in order to verify:
(1) The Security Requirements in the SRS (refer to par. A.7)
(2) The successful implementation of the countermeasures listed in the SystemSpecific Security Requirements Statement (SSRS), which shall be prepared
and provided by the Purchaser.
9.3.2.2.3.
The Contractor shall liaise with NCIA, for an assessment of the level of
TEMPEST compliance of the IMPAC, in the NCIA facilities.
9.3.2.3.For the FAST the Purchaser will provide the facilities, external equipment, and
interface configurations required to test and verify compliance with the IMPAC
interfaces as per the SRS.
9.3.2.4.The system version used for the FAST shall be the initial IMPAC Product Baseline.
9.3.2.5.Achieving a successful FAST is a pre-condition for delivery of the remaining nine (9)
IMPACs to the BCLD.
9.3.2.6.The Contractor shall document the FAST results in a FAST Test Report.
9.3.3.
Provisional System Acceptance (PSA)
9.3.3.1.In order to achieve PSA, the Contractor shall put all ten (10) IMPAC units under test
at NCIA SDEL Sector Mons and repeat a subset of the tests in §9.3.2.1.
9.3.3.2.The testing of all ten (10) IMPACs shall ensure that each unit is configured, tested
(end-to-end, down to logging in to user accounts), and ready for training , shipment
and fielding. This shall include all ten (10) BGAN terminals and their accounts.
9.3.3.3.The subset of tests will be provided to the Purchaser prior to testing for approval.
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9.3.3.4.In order to request PSA of IMPAC units the Contractor shall have completed the
following actions:
(1) Successful completion of FAST and FAT testing of all IMPACs, including
approval of the associated test reports.
(2) Delivery of all the System Documentation, as per § 7.1.2.1.
9.3.3.5.After satisfactory completion of the PSA review and the issuing of the System
Certificate of Conformity by the contractor QA Manager and signed by the Purchaser,
the Purchaser will declare the IMPACs ready for shipment to theatre.
9.3.3.6.The Purchaser will evaluate whether to accept delivery of the IMPACs from the
Contractor at PSA, depending on the type and nature of any identified deficiencies.
9.3.4.
In Theatre Pre deployment Testing
9.3.4.1.In Theatre Pre deployment testing will take place in theatre, upon receipt of the
equipment, to verify that the functionality is adequate and sufficient to meet the
operational requirements, and handover the equipment to the users (NCIA SDEL
Sector ISAF)
9.3.4.2.In Theatre Pre deployment testing will involve a subset of the PSA tests, and shall be
performed on each of the IMPAC units independently.
9.3.4.3.In Theatre Pre deployment testing will include testing direct NU WAN connectivity
and direct IS LAN connectivity which cannot be performed at NCIA SDEL HQ Mons
or NCIA CSSC Brunssum.
9.4.
Final System Acceptance (FSA)
9.4.1.
The FSA will occur after successful delivery of IMPACs in Theatre and Latina, and
the full provision of all supplies and services required under this Contract.
9.4.2.
FSA meeting will take place at the Purchaser’s premises (NCIA SSUP Brussels).
9.4.3.
FSA will occur only when all deficiencies have been rectified.
9.5.
Test and Acceptance Plan
9.5.1.
The Test and Acceptance Plan (TAP, Section 9 of the PIP) shall comprise the
following documents:
(1) The Project Test Plan (PTP, refer to §9.5.3);
(2) Any submitted test waivers together with supporting material (refer to
§9.5.4);
(3) The RTM, updated with test-related information (refer to § 9.5.5);
(4) Any Off-specifications reports, if applicable (refer to §9.9).
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9.5.2.
The Purchaser will review the Contractor’s TAP for correctness, completeness, and
acceptance.
9.5.3.
Project Test Plan
9.5.3.1.As part of the TAP, the Contractor shall provide a Project Test Plan (PTP), including
FAST and PSA test procedures.
9.5.3.2.The PTP shall be submitted for Purchaser approval, ten (10) days before actual tests
occur.
9.5.3.3.The PTP shall describe the Contractor’s test organisation and its relationship with the
Contractor’s Project Management Office and QA functions.
9.5.3.4.The PTP shall provide a flow diagram that shows the overall sequence of tests, the
location, and Contractor and Purchaser equipment and personnel involved in each test,
and the relationship of test events to project milestones.
9.5.3.5.The PTP shall identify the entry and exit criteria proposed by the Contractor for each
test session (FAT, FAST, PSA, functional testing).
9.5.3.6.The PTP shall identify any specialised or long-lead items required for testing.
9.5.3.7.The PTP shall identify all the IMPAC Configuration Items (CIs) that are subject to the
test program and shall indicate by which method the items will be tested.
9.5.3.8.The PTP shall include the STEP (refer to §9.3.2.2).
9.5.4.
Test waivers
9.5.4.1.For some specific requirements, rather than perform actual tests the Contractor may
request that they provide only documentary evidence to show that these requirements
are fulfilled.
9.5.4.2.This documentary evidence may either be a rationale based on existing design or
specification documentation, or rely on previously successfully completed
qualification testing to national or international standards for assemblies,
subassemblies, components or parts.
9.5.4.3.If the Contractor intends to rely on previously successfully completed qualification
testing to national or international standards for assemblies, subassemblies,
components or parts, the Contractor shall produce the following documentation:
(1) The equipment specifications and true manufacturing number to demonstrate
that the IMPAC CI for which a test waiver is requested is identical to the
equipment previously tested
(2) The test standards, procedures and methods employed on the testing
(3) The nationally or internationally certified test results
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(4) A Statement in which the Contractor shall certify that the equipment to be
implemented is identical to that which was originally tested and certified, or
advise the Purchaser of design/construction changes which affect form, fit or
function. In the latter case, the Purchaser, after review of such changes and
their impact, shall have the right to require test and certification of the
modified equipment, at no cost to the Purchaser.
9.5.4.4.The Contractor shall record and log all test waiver requests along with their resolution.
9.5.4.5.The Purchaser shall have the right to reject any proposed test waiver.
9.5.5.
Requirements Traceability Matrix
9.5.5.1.The Contractor shall develop and maintain a Requirements Traceability Matrix (RTM)
that establishes a complete cross-reference between:
(1) the requirements stated in the SRS;
(2) the detailed contents of the SDS, in terms of SDS statements and lowest-level
CIs (see Error! Reference source not found. for the definition of CIs);
(3) the test cases (or test waivers) from the Test and Acceptance Plan (TAP),
intended to demonstrate compliance to the requirements.
9.5.5.2.The Requirements Traceability Matrix shall include the following data:
(1) List of all numbered requirements in the SRS, list of any additional
requirements identified in the SSRS;
(2) For each requirement, two-way traceability between the requirement and the
design feature that implements the requirement;
(3) For each requirement, identification of any Off-specifications associated with
the requirement;
(4) For each requirement already successfully tested: identification of the test(s)
or test waiver(s) on the basis of which the requirement was demonstrated;
(5) For each requirement not yet successfully tested: identification of the test(s)
or test waiver(s) that are intended to demonstrate the requirement.
9.5.5.3.The Contractor shall extend the requirements traceability matrix to reflect the results
of all previous test sessions, and show how the tests and any test waivers relevant to
the test session demonstrate the associated requirements.
9.6.
Test Failures
9.6.1.
Should a failure occur during testing, a failure report shall be raised by the
Contractor and a preliminary investigation shall be immediately carried out in order
to classify the failure as one of the following:
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(1) Class “A”: there is evidence that the cause was an external or transient
condition;
(2) Class “B”: there is mutual agreement that the cause was an inherent design or
manufacturing deficiency in the unit under test; or
(3) Class “C”: When the specific nature of the cause cannot be immediately
determined and a more detailed investigation is required before a conclusion
can be drawn.
9.6.2.
Class "A" Failures
9.6.2.1.In the event that a preliminary investigation results in the classification of a failure as
is described above, the test shall be repeated at least three successive times.
9.6.2.2.If the re-test is successful, the Purchaser will close the observation and testing shall be
resumed from the point immediately after that where the failure occurred.
9.6.2.3. If a failure is encountered prior to the successful completion of the re-test, the failure
category shall be changed to class "B" or "C", as described below.
9.6.3.
Class "B" Failures
9.6.3.1.In the event that a failure is classified as a Class "B" from above, the equipment shall
be rejected and all testing related to that particular series of tests shall be suspended
until such a time as the Contractor determines the specific cause of the failure and
proposes appropriate remedial action acceptable to the Purchaser.
9.6.3.2.Should the cause of the failure or the effect of the proposed remedial action be deemed
by the Contractor to have no influence whatsoever on other areas of scheduled testing,
the Contractor may propose to the Purchaser to continue testing in the other areas prior
to the rectification of the cause of the failure.
9.6.3.3.If such proposals are accepted by the Purchaser, the Purchaser shall have the right to
require repetition of any or all tests performed in these circumstances after the
rectification of the cause of the failure and the subsequent re-tests, to prove they have
been successfully completed.
9.6.3.4.The Contractor shall be responsible for all costs related to the rectification of
deficiencies or failures and subsequent re-testing caused by the design or production
of the deliverables identified during the verification and/or testing cycles. The
Contractor shall be responsible for any travel, subsistence and other incidental
expenses incurred by the Purchaser as a result of the requirement for the reperformance of tests necessitated by test failures.
9.6.3.5.After remedial action has been taken by the Contractor, the test may be resumed at the
step during which the deficiency or failure was identified, however, the Purchaser
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shall have the right to require that re-testing includes all of the tests related to the
verification of that particular specification requirement.
9.6.3.6.The Contractor shall seek the Purchaser's agreement of a mutually suitable time when
testing shall be resumed, subsequent to the Purchaser having accepted the contents of
a formal submission by the Contractor providing full details describing the cause of
the failure and the recommended remedial actions to be taken.
9.6.4.
Class "C" Failures
9.6.4.1.In the event that a failure is classified as a Class "C" from above, all testing shall be
immediately suspended until such a time as the Contractor completes a detailed
investigation and subsequently recommends to the Purchaser, that the failure should
be re-classified as either a Class "A' or "B", as appropriate. The actions previously
described relating to these classifications shall then be commenced.
9.6.4.2.In this context, should it be determined that the test failure was due to a component
failure and not attributable to a deficiency in equipment design, or a defective process
during manufacture of the equipment, then the defective component may be replaced
and the failure re-classified as a Class "A" failure.
9.7.
Test Procedures
9.7.1.
Each test procedure shall provide the following information:
(1) Its objective, by clearly identifying the SRS or SSRS requirement intended to
be demonstrated by the test procedure.
(2) The IMPAC CIs and facilities and test equipment involved.
(3) Any conditions which shall be satisfied prior to application of the test.
(4) A block diagram showing the proposed method of meeting the test
requirements.
(5) The data to be collected.
(6) The sequence of testing steps in the procedure, to a level of detail that enables
full understanding by the Purchaser of the purpose and effect of each test
step.
(7) The expected outcome.
(8) The means of measurement or assessment for the test.
9.7.2.
The results of each test called for in the test plan shall be recorded in test results
sheets incorporated in the relevant test procedure.
9.7.3.
Each test will only be declared ‘passed’ if the entirety of the expected results were
obtained when running the test.
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9.8.
Test Reports
9.8.1.
The test procedure with attached test results sheets is called the Test Report. The test
report cover sheet shall clearly show whether the test passed, failed, or was not run,
and for what reasons.
9.8.1.1.The Test Report shall include:
(1) Test procedure
(2) Test result (Pass, Fail, Not run)
(3) Any annotations by the Purchaser’s representative
(4) Comments
(5) Contractor representative signature
(6) Purchaser representative signature.
9.8.1.2.Where the Purchaser or his representative has witnessed the testing, appropriate
annotations shall be made on each page of the test results to ensure that the test report
is a true record of test activities and results as witnessed by the Purchaser. The whole
test report shall be signed by the Contractor and the Purchaser representative on
completion of that testing.
9.8.1.3.Each original test report plus one copy shall be distributed to the Purchaser for
acceptance within 10 (ten) working days after the completion of the test.
9.9.
Off-specification Reports
9.9.1.1.Throughout any test session Off-specifications will be identified, either as a result of
test failures, or noted while running tests regardless of whether the tests eventually
pass or fail.
9.9.1.2.Throughout any test session the Contractor shall maintain Off-specifications Reports
and the Off-specifications Document, describing all noted Off-specifications.
9.9.1.3.The Off-specific Report shall include:
(1) Off-specification identification,
(2) Description of the Off-specification
(3) Related test (if the Off-specification was raised further to a test failure),
(4) Severity (Major if to be corrected before deployment, otherwise Minor),
(5) CIs affected,
(6) Action taken
(7) Fault Resolution status:
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a. Conceded (the Purchaser’s decision is to leave the off-specification not
resolved),
b. Open=the Off-specification is identified,
c. Resolved= remedial action has been taken by the Contractor and
demonstrated through tests conducted by the Contractor without
official witnessing by the Purchaser,
d. Closed= the resolution was officially demonstrated to the Purchaser).
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Book II, Part IV, Statement of Work
SECTION 10. LIST OF ACRONYMS
ACMP
ACO
ACP
ACT
AEDC
AIS
AMSG
AOR
BGAN
CC
CCB
CDR
CIS
CIs
CLIN
CM
CMB
CONOPS
COTS
CPS
CSA
CSRS
CSV
Ors
EMS
FAT
FAST
FSA
GUI
HQ
HTML
IATO
ICD
IFB
ILSP
IMPAC
IOC
IPMT
LNO
MIB
NATO
NCIA SSUP
NCIA SDEL
NPKI
PBS
PDF
PDR
PFD
Allied Communication Management Plan
Allied Command Operations
Allied Communication Publication
Allied Command Transformation
After Effective Date of Contract
Automated Information System
Allied Military Security Guideline
Area of Responsibility
Broadband Global Area Network
Common Criteria
Configuration Control Board
Critical Design Review
Communication and Information Systems
Configuration Items
Contract Line Item
Configuration Management
Configuration Management Board
Concept of Operations
Commercial Off The Shelf
Certification Practice Statement (only if the Project deals with PKI)
Configuration Status Accounting
Community Security Requirements Statement
Comma Separated Value
Off-specification Reports
Enterprise Management System
Factory Acceptance Tests
First Article System Test
Final System Acceptance
Graphics Unit Interface
Headquarters
Hypertext Mark-up Language
Interim approval To Operate
Interface Control Document
Invitation for Bid
Integrated Logistics Support Plan
ISAF Man Portable AMN Capability
Initial Operational Capability
Integrated Project Management Team
Liaison Officer
Management Information Base
North Atlantic Treaty Organisation
NATO Communications and Information Agency Service Supply
NATO Communications and Information Agency Service Delivery
NATO PKI (only if the project deals with PKI)
Product Breakdown Structure
Portable Document Format
Preliminary Design Review
Product Flow Diagram
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PFE
PFS
PMO
PMP
PMS
PRM
PSA
TP
QA
QAP
RAR
SDEL
SDS
SHAPE
SIP
I-SISRS
SIVP
SoW
SRS
SSRS
STANAG
STP
TBA
TBD
USM
WAN
XML
Purchaser-Furnished Equipment
Purchaser-Furnished Services
Project Management Office
Project Management Plan
Project Master Schedule
Project Review Meeting
Provisional System Acceptance
Test Plan
Quality Assurance
Quality Assurance Plan
Risk Assessment Report
Service Delivery
System Design Specification
Supreme Headquarters Allied Powers Europe
System Implementation Plan
ISAF - System Interconnection Security Requirements Statement
Security Implementation Verification Procedures
Statement of Work
System Requirements Specification
System Security Requirements Statement
Standards NATO Agreement
Security Test Plan
To Be Advised
To Be Determined
User-based Security Model
Wide Area Network
eXtensible Mark-up Language
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APPENDIX A
APPENDIX A: IMPAC SYSTEM REQUIREMENTS SPECIFICATION
A.1
GENERAL
A.1.1
Scope of the Appendix
A.1.1.1
This Appendix to the IMPAC SoW provides the System Requirements
Specification (SRS) for the IMPAC capability.
A.1.1.2
‘IMPAC’ in the text of the SRS refers to the IMPAC kit(s) of IMPAC capability.
A.1.1.3
The requirements in the Appendix are organised in eight categories:
(1) Functional Requirements
(2) Performance Requirements
(3) Physical Requirements
(4) Operational Requirements
(5) Security Requirements
(6) Environmental Requirements
(7) Equipment Technical Requirements
(8) Electrical Power Requirements
A.1.2
IMPAC Concept
A.1.2.1
The IMPAC is a small deployable system that provides access to the PSTN, ISAF
SECRET (IS) voice, video conferencing and application services.
A.1.2.2
The IMPACs shall provide access to these services through bearers including
Inmarsat BGAN satellite service, commercial Internet access (implied as
possibility to add new media e.g. commercially available wired networks), and
ISAF Unclassified WAN extensions.
A.1.2.3
The IMPAC shall use existing NATO and ISAF Anchor Points and Services that
provide access into the NATO and ISAF networks.
A.1.2.4
Each IMPAC shall include end user devices and accessories for one user enabling
using the voice, video conferencing and application services with the IMPAC.
A.1.2.5
Each IMPAC shall also include a handheld GPS device with accessories.
A.1.2.6
The IMPACs shall be able to adapt to a wide range of power supply sources and
shall include built-in backup power.
A.1.2.7
The IMPACs shall be easy to use, lightweight, and able to withstand harsh
environments and handling during its operation, transport and storage.
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A.1.2.8
For use with the IMPAC and similar ISAF systems a WAN Optimisation System
shall be provided that improves the user experience when using applications over
the IMPAC provided connectivity and that reduces WAN bandwidth requirements
and WAN data volume.
A.2
FUNCTIONAL REQUIREMENTS
A.2.1
Introduction
A.2.1.1
The IMPAC shall provide the IMPAC user with NU and IS level access to the PFS
VoIP, VTC over IP, Functional Area Services, Information Services and WAN
Optimisation Services through all the bearers as described in A.2.2.
A.2.1.2
The IMPAC shall provide PSTN access through the PFS Inmarsat BGAN service.
A.2.1.3
The end user devices of the IMPAC shall be delivered ready for use with
applications installed and configured for using the PFS with the IMPAC. .
A.2.2
Connectivity
A.2.2.1
The IMPAC Connectivity Requirements describe the bearers that shall be
supported by the IMPAC for providing the NU and IS access to the IMPAC user.
A.2.2.2
The IMPAC shall be able to change between the different bearers without requiring
reconfiguration of the network devices or user devices in the IMPAC or the NATO
and ISAF infrastructure.
A.2.2.3
The IMPAC shall automatically select and use the best performing bearer,
available.
A.2.2.4
The IMPAC shall be able to use and integrate the PFS Inmarsat BGAN service and
Inmarsat BGAN terminal, at all its data rates and transmission modes, and Inmarsat
BGAN network conditions as can be ordered in Afghanistan.
A.2.2.5
The IMPAC shall be able to use the PFS NU WAN extensions.
A.2.2.6
The IMPAC shall be able to use Internet with the PFS Internet termination.
A.2.3
WAN Optimisation System (WOS)
A.2.3.1
The WAN Optimisation System shall optimize the application performance of IS
traffic and reduce the data rate and volume of WAN traffic transferred between the
IMPAC and the IS Anchor Point over the bearers as described at the Connectivity
requirements.
A.2.3.2
The WOS shall optimize through application level protocol optimisation, caching
and compression of at least the following protocols:
(9) FTP, HTTP and HTTPS.
(10) MAPI, encrypted MAPI, MAPI over SSL, OutlookAnywhere, SMTP, SMTP
over SSL.
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(11) CIFS with signed and unsigned SMB (1.0, 2.0, 2.1).
(12) Kerberos and NTLM.
(13) SharePoint.
(14) Microsoft-SQL.
A.2.3.3
The WOS shall optimize other TCP traffic through transport level protocol
optimisation, caching, acceleration and compression.
A.2.3.4
The WOS shall appear transparent to the client and servers, i.e. not change the
client IP address as seen from the server.
A.2.3.5
The WOS shall be composed of a WOS server in the ISAF Anchor Point at
SHAPE, and WOS software clients on the IMPAC laptops.
A.2.3.6
The WOS shall support both in-line and out-of-path setups.
A.2.4
IMPAC Quality of Service (QoS)
A.2.4.1
If real-time and non real-time data are to be transmitted or received simultaneously,
at one or multiple IMPACs, more time and/ or mission critical traffic shall be
prioritized over less time and/ or mission critical traffic by the use of adequate QoS
mechanisms at the IMPAC and along the network path.
A.2.4.2
Multiple priority levels shall be supported.
A.2.4.3
The traffic priorities and DSCP marking shall follow the NATO QoS scheme.
A.2.4.4
In the light setup voice and video shall get priority over other traffic.
A.2.4.5
The WOS shall mark the optimized (WAN) traffic according to the DSCP marking
of the original traffic, and not change the DSCP marking of the original traffic
between sender and receiver unless requested to do so.
A.3
PERFORMANCE REQUIREMENTS
A.3.1.1
The IMPAC shall be able to process at least 500 packets per second inbound and
500 packets per second outbound simultaneously, and 2 Mbps of full duplex net
data rate, at that packet rate.
A.3.1.2
The WOS shall support as a minimum:
(1) 6 Mbps optimized WAN throughput at the hub.
(2) 1 Mbps optimized WAN throughput at a single IMPAC laptop.
(3) Optimisation of connections from at least 30 laptops simultaneously.
(4) 80 GB of data storage
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A.4
PFS INTERFACE DESCRIPTION
A.4.1
Inmarsat BGAN Access
A.4.1.1
Access to the Inmarsat BGAN service is based on the use of NCIA military SIM
cards with NCIA specific settings on the Inmarsat BGAN terminal.
A.4.1.2
The Inmarsat BGAN Access service provides IP connectivity between the Inmarsat
BGAN terminal and the NCIA BGAN Anchor Point (Mons).
A.4.1.3
The IP address space of the Inmarsat BGAN service is not routable on the NU
WAN or Internet.
A.4.1.4
The Inmarsat BGAN service is not connected to the NU WAN or Internet.
A.4.1.5
The Inmarsat BGAN Access does not support DSCP.
A.4.1.6
For Class of Service selection in the Inmarsat BGAN terminal multiple IP
addresses at the VPN Anchor Point are reachable over the Inmarsat BGAN service.
A.4.1.7
The Inmarsat BGAN service is considered untrusted.
A.4.1.8
The WAN IP address of the Inmarsat BGAN terminal must be assumed to be
dynamic within a certain subnet.
A.4.1.9
Both Inmarsat BGAN streaming and background services are supported.
A.4.1.10 Refer to SoW 4.4. in SoW for Contractor tasks necessary to achieve integration.
A.4.2
Internet Access
A.4.2.1
At IMPAC locations Internet Access may be available for use as WAN bearer to
connect IMPACs to the NCIA Internet Access Anchor Point.
A.4.2.2
The Internet IP address space shall be assumed to be not routable on the NU WAN.
A.4.2.3
The NU WAN is not connected to the Internet Access.
A.4.2.4
The Internet Access is considered untrusted.
A.4.2.5
The WAN IP address of the Internet Access at the IMPAC location may be
dynamic.
A.4.2.6
The WAN IP address of the NCIA Internet Access Anchor Point is fixed.
A.4.2.7
The Internet Access at the IMPAC locations shall be assumed to use PNAT (Port
Network Address Translation).
A.4.2.8
At IMPAC locations the Internet Access interfaces towards the IMPAC are
10BASE-T/100BASE-TX or 10BASE-T/100BASE-TX/1000BASE-T (both shall
be supported), with DHCP assigned IP addresses for the IMPAC WAN interface.
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A.4.3
NU WAN extensions
A.4.3.1
At IMPAC locations NU WAN extensions may be available.
A.4.3.2
No routing protocol is running at the NU WAN extension.
A.4.3.3
The NU WAN extension is considered untrusted.
A.4.3.4
At IMPAC locations the NU WAN extension interfaces towards the IMPAC are
10BASE-T/100BASE-TX or 10BASE-T/100BASE-TX/1000BASE-T (both shall
be supported), with DHCP assigned IP addresses for use on the IMPAC WAN
interface.
A.4.4
VPN Anchor Point
A.4.4.1
The VPN Anchor Point offers secured access to the NU WAN through the Inmarsat
BGAN Access service, Internet Access service and NU WAN extensions.
A.4.4.2
Access to the NU WAN through the VPN Anchor Points is possible through IPSEC
protected VPNs in which the VPN Anchor Point offers a Cisco IOS based Dynamic
Virtual Tunnel Interface.
A.4.4.3
The routing protocol within the VPN (between the IMPAC and the VPN Anchor
Point) is EIGRP.
A.4.4.4
Authentication shall use the NATO PKI.
A.4.5
A.4.5.1
A.4.6
NU WAN connectivity between VPN Anchor Points and IS Gateways
The NU WAN connects to the VPN Anchor Points and to the NU interface of the
IS Gateway and interconnects these.
NATO PKI
A.4.6.1
The NATO PKI offers certificate signing and revocation services.
A.4.6.2
For the IMPAC the certificate enrolment will be manual (offline).
A.4.6.3
The NATO PKI is connected to the VPN Anchor Point.
A.4.7
IS Gateway (IP encryption)
A.4.7.1
The IS Gateway at a static location encrypts/ decrypts IS data through a NATO IP
crypto device for transport over the NU WAN.
A.4.7.2
The NATO IP crypto devices (PFE) at the IMPAC and IS Gateway are compatible.
A.4.7.3
The NATO IP crypto devices are QoS enabled.
A.4.7.4
After initial manual configuration the NATO IP crypto devices are centrally
managed.
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A.4.7.5
A.4.8
No routing protocol is running at the NATO IP crypto devices.
IS Anchor Point
A.4.8.1
The IS Anchor Point offers access to the IS WAN from the IS networks at
deployable CIS.
A.4.8.2
The IS Anchor Point is connected to the IS interface of the IS Gateways.
A.4.8.3
The IS Anchor Point is based on a recent Cisco IOS.
A.4.8.4
The IS Anchor Point interfaces through point-to-point GRE tunnels with remote
destinations (such as the IMPACs).
A.4.8.5
For QoS support parallel tunnels are used to each remote destination and each
tunnel maps to a priority class of the NATO Qos scheme.
A.4.8.6
Traffic must be routed through the tunnels according to the NATO QoS scheme.
A.4.8.7
OSPF is supported as the routing protocol on the GRE tunnels.
A.4.8.8
The IS Anchor Point implements an L2TP server for using L2TP tunnels from the
native Microsoft Windows 7 operating system.
A.5
PHYSICAL REQUIREMENTS
A.5.1
Packaging
A.5.1.1
For each IMPAC its components except the GPS device shall be integrated into a
single Transport Case.
A.5.1.2
Each IMPAC shall in addition be provided with a properly sized, durable,
dustproof, weather resistant padded Transport Bag with compartments for compact
and lightweight transportation of the IMPAC.
A.5.1.3
The GPS device and its accessories shall be provided with a properly sized,
durable, dustproof, weather resistant padded bag or case.
A.5.2
IMPAC Transport Case Design Criteria
A.5.2.1
The IMPAC Transport Case shall be equipped with lockable latches (i.e. through
lock and key or combination lock).
A.5.2.2
The Transport Case shall be stackable during transport and storage, as a minimum
stacking five Transport Cases onto one vertical pile shall be supported.
A.5.2.3
The Transport Case shall feature a retractable extension handle, two wheels
suitable for use on unpaved roads, and at least one carry handle if the total IMPAC
weight is below 25 kg or two carry handles on opposite sides of the Transport Case
if the total IMPAC weight is 25 kg.
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A.5.2.4
The IMPAC and the IMPAC Transport Case shall be constructed and components
shall be integrated such that:
(1) The IMPAC, after opening and taking the Inmarsat BGAN terminal and laptop
out of the Transport Case can be operated inside its Transport Case.
(2) After opening of the Transport Case all cabling between components is already
in place so the user only needs to patch the Inmarsat BGAN terminal, laptop
and power.
(3) The Inmarsat BGAN terminal and its accessories are placed in the case cover
during transport.
(4) The components are organized and positioned to allow for visual inspection of
completeness after opening the case without needing prior removal of
components, through the use of separate compartments or sub-cases, in-cover
placement, not fully overlapping placement of components etc.
(5) The Transport Case compartments shall be tagged with durable labels,
indicating the intended content.
(6) After opening the Transport Case the user shall have direct access to the laptop
and its accessories without having to lift other components.
(7) The Laptop headset (in protective case or bag) may be placed on top of the
laptop (provided the Environmental Requirements are met).
(8) Less used components (vehicle and military battery adapters) and power cords
could be placed below the laptop.
(9) A compartment is provided for a Cisco IP phone model 6941.
(10) Any cooling mechanisms remain effective when operating inside the case.
(11) When operated with the components inside the Transport Case, all relevant
indicators and interfaces shall be easily visible and accessible to the user.
(12) It shall be possible to leave non-essential IMPAC components out of the
Transport Case, if not required to support the mission, and still meet the
transport requirements for the components in the Transport Case (in terms of
shock protection, vibration, etc., i.e. no loose fittings).
(13) IMPAC component removal from- and addition to the case shall be easily
possible without tools.
(14) The TEMPEST separation requirements (see A.7.2) are met both for operation
inside and outside the case
(15) For TEMPEST reasons IS components can be removed from the case and be
operated with sufficient separation to the NU components.
A.5.2.5
To allow for an easy setup the number of physical items of the IMPAC and the
number of cabled interconnections between those shall be kept to a minimum:
(1) All the IS networking equipment shall be integrated into a single IS networking
enclosure, all the NU networking equipment shall be integrated into a single
NU networking enclosure, and the IMPAC Power Unit shall be integrated into
a single Power Unit enclosure.
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(2) Only directly accessible and visible to the user shall be the interfaces, indicators
and switches that are specified in the SRS or are required for the IMPAC
operation.
(3) The IMPAC Power Unit may be combined with the NU networking enclosure.
(4) The IP crypto shall be TEMPEST compliant and be attached to - or integrated
with - the NU networking enclosure or the IMPAC Power Unit enclosure.
(5) IP crypto removal from and addition to the NU networking enclosure shall be
easily possible without tools.
(6) Where possible cabling between the enclosures shall be combined or tied
together presenting a well-organized, easy-to-use IMPAC to the user.
(7) Cabling between the enclosures shall be as short as possible.
(8) Integration of networking or power sub-components by mounting on an open
chassis or plate, gluing or screwing etc. different pieces of equipment chassis
together, use of intermediate and physically not integrated power supplies, line
filters etc. is not considered compliant.
A.5.3
IMPAC desk usage
A.5.3.1
The IMPAC shall be constructed and components shall be integrated such that:
(1) The IMPAC can be removed from the Transport Case and be operated on a
desk.
(2) The IMPAC components shall feature non-slip rubber feet to prevent slipping
and scratching.
(3) The IMPAC components can be stacked.
(4) TEMPEST requirements are met.
(5) The total horizontal footprint of the BLACK equipment, including supporting
structures and excluding the Inmarsat BGAN terminal, does not exceed 30 x 40
cm.
(6) The total horizontal footprint of the RED equipment, including supporting
structures and excluding the IS laptop, does not exceed 30 x 40 cm.
A.5.4
IMPAC Cases and Bags Contents
A.5.4.1
The contents of the IMPAC Transport Case shall be as described in Table 6.
Transport Case components
Crypto Device
TCE621/M + fill cable
Laptop (+PSU + battery)
1
VoIP headset
1
Analogue phone
1
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Networking devices
As required
Ethernet cabling
Number and length as required (including TCE621/M
compatible) + 1 spare RJ45.
Power cabling
Number and length as required
Power supply
IMPAC power supply (including battery backup)
Mil. battery adapter cables
Laptop adapter for vehicle / mil battery if applicable
Outlet adapters
Documentation
Components list
IMPAC User Manual
Quick Setup Card
Other
BGAN terminal + BGAN PSU + BGAN 10 metre RF cable
Table 4: IMPAC Transport Case contents
A.5.4.2
Any elements that are not mentioned in this table (packaging, spares, additional
copies of manuals, CDs, etc.) and that are not essential to the IMPAC operation
shall not be packed in the IMPAC Transport Case, but use separate packaging.
A.5.4.3
The Transport Bag shall be designed to transport the same contents as the
Transport case.
A.5.5
Size and Weight Requirements
A.5.5.1
The IMPAC shall be as light and small as possible, but certainly not exceed the
maximum dimensions and weight of Table 5 while in the Transport Case:
Maximum dimensions [cm] Maximum weight [kg]
65 x 50 x 30
30Kg
Table 5 Maximum IMPAC Transport Case weight and dimensions
A.6
OPERATIONAL REQUIREMENTS
A.6.1
Reliability Requirements
A.6.1.1
The predicted Mean Time Between Failures (MTBF) for the IMPAC components
(excluding the PFE and batteries inside the power backup and laptop) shall be
better than 40,000 hours, when used within the limits of the environmental
specifications in this SRS.
A.6.1.2
The Contractor shall guarantee an MTBF better than 10,000 hours for the IMPAC
assembly.
A.6.1.3
The IMPAC components, integration, interfaces and control elements shall be able
to withstand the daily use by non-CIS military personnel including unpacking,
complete setup, breakdown and packing during three years.
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A.6.1.4
A.6.2
In case of failure the WAN Optimisation System shall be automatically and
transparently bypassed, allowing the users to continue using the IMPAC without
WAN Optimisation.
Maintainability Requirements
A.6.2.1
The IMPAC shall where possible make use of COTS components. Replacement
parts for cable connectors, sockets and batteries shall be available as COTS through
multiple sources.
A.6.2.2
The IMPAC components shall be field-replaceable, without specialised tools.
A.6.2.3
Preventive hardware maintenance shall be limited to regular cleaning of surfaces
and sockets without requiring opening of the enclosures or components.
A.6.2.4
The IMPAC shall operate without fans (except for the Laptop).
A.6.2.5
The IMPAC components shall be field-serviceable for cleaning, replacement of
parts, and repair of malfunctioning broken cables and connectors.
A.6.2.6
The IMPAC documentation (refer to SECTION 7) shall provide sufficient detail to
allow a user or a technician (not trained on the IMPAC) to execute the basic duties
described above.
A.6.3
Safety Requirements
A.6.3.1
The IMPAC components related to power supply shall meet the applicable
standards for Electrical safety of the Low Voltage Directive (LVD), 2006/95/EC,
or equivalent national or international standards.
A.6.3.2
With regards to the use of Li-Ion batteries in the IMPAC UPS function (refer to §
A.10.1):
(1) The Contractor shall implement protective measures to prevent the accidental
activation, short circuit, damaging or overheating of the batteries, during
transport, storage and operation.
(2) Any batteries must meet the requirements of the [UN Manual of Tests and
Criteria, Part III, subsection 38.3].
A.6.4
Scalability Requirements
A.6.4.1
It shall be possible within the same design, phone and IP address numbering plans
established under this Contract to increment the number of IMPACs to 20.
A.6.4.2
This increment shall not require a redesign of the Anchor Points architecture, nor
changes in any of the IMPACs procured under this Contract.
A.6.4.3
The WAN Optimisation System shall be upgradeable without hardware
replacement to support 60 simultaneously connected laptops and 10 Mbps of WAN
capacity.
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A.6.5
A.6.5.1
Usability Requirements
Easy setup and operation of the IMPAC is critical for the user acceptance :
(1) The IMPAC setup time for any user who participated in the setup & operation
part of the user training shall be less than five minutes when the IMPAC is
operated with the components inside the Transport Case. This shall be
achievable both using battery power and when providing external power to all
IMPAC components (including BGAN and laptop). This setup time is
measured between opening the IMPAC case in transport configuration (packed
and all components off) and the fully patched, powered and booted IMPAC.
(2) The time required to remove all components from the Transport Case that are
required for operating on a desk shall be less than 5 minutes (Not including the
time to set up the BGAN).
(3) The time required for packaging shall be less than 5 minutes, starting with all
components powered on and outside the case after operating on a desk, to an
IMPAC case ready for transport.
(4) TCE621/M removal from and insertion to the IMPAC shall be possible each
within 60 seconds, including any wiring.
(5) Setup through the use of the quick setup card or user manual shall be possible
within 30 minutes and 1 hour respectively for a user who had no previous
training on the IMPAC. This excludes crypto configuration.
(6) Setup or packing of IMPAC equipment shall be such that there is minimal
chance of personal injury or of damaging the IMPAC equipment.
A.6.5.2
All IMPAC components shall feature LED indicators showing power status,
network activity and link status at each Ethernet interface, and alarms where
applicable.
A.6.5.3
For alarms the LED colour shall be red. Green or amber LEDs shall be used in all
other conditions.
A.6.5.4
All IMPAC components shall have durable, clearly readable and understandable
labels indicating the function of interfaces, ports, switches and switch positions,
indicators, which way up etc, using descriptions or acronyms that are considered by
the Purchaser as easy to interpret by non-trained non-technical users.
A.6.5.5
The IMPAC components (including PFE) shall all have durable, clearly readable
and understandable labels indicating ‘IMPAC’ followed by the IMPAC number
and the (abbreviated) function (i.e. IMPAC8-PC-PSU).
A.6.5.6
The cases shall be tagged using 36 point font size durable labels and shall be
stencilled in paint.
A.6.5.7
Labels and stencils shall be placed such that they are readable from all sides.
A.6.5.8
Unless specified otherwise in this SRS the labels shall comply with MIL-STD1472G section 5.4.
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A.6.5.9
All cables included in the cases shall be supplied with Velcro cable holders or
similar.
A.6.5.10 Usability is further enhanced through the Transport Case design.
A.6.6
Monitoring & Control Requirements
A.6.6.1
IMPAC networking equipment shall be manageable through SSH and through
RS232 based console ports.
A.6.6.2
IMPAC networking equipment shall include intuitive menu based user interfaces
intended for use by non-technical users, for the following purposes:
(1) Information on network interfaces including counters, VPN status, routing
information, errors etc.
(2) Reachability tests of all local elements, VPNs, VPN peers, lnmarsat, DNS,
Anchor Points, servers etc.
A.6.6.3
The Inmarsat BGAN terminal GUI shall be accessible through a laptop connected
to the NU networking equipment.
A.6.6.4
The menus on the IMPAC networking equipment shall feature user level password
protection and privileges.
A.6.6.5
The SSH client and the browser shall be preconfigured with IP addresses and
bookmarks.
A.6.6.6
The IS laptop shall include a preconfigured and user reconfigurable intuitive menu
based application (AFPL compliant or script based) that allows to do the
aforementioned reachability tests and monitor connectivity status.
A.6.6.7
The WOS shall be remotely manageable through HTTPS to:
(1) Configure the WOS including interface settings, protocol optimisation
settings up to individual protocol details, system settings, security settings,
(2) Manage clients configurations and licensing
(3) View optimisation statistics
(4) View system performance data including CPU load, hard disk usage, alarms,
logs, licensing etc.
A.7
SECURITY REQUIREMENTS
A.7.1
Classification Requirements
A.7.1.1
The IMPAC and the WOS shall meet the security requirements for accreditation
for use on ISAF SECRET data exchange, in which the data exchange includes the
use of Voice over Secure IP (VoSIP) and VTC.
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A.7.1.2
A.7.2
The software used shall be listed on the NS or IS AFPL (documents listed as 2.5.15
and 2.5.16). Any software proposed that is not on the AFPL for NS or IS it to be
highlighted and submitted for approval without delay. The Purchaser reserves the
right to refuse a solution that does not have the AFPL approved software.
TEMPEST Requirements
A.7.2.1
The IMPAC shall be compliant with the TEMPEST requirements of SDIP-27/1
Level B excluding the BGAN which shall be level C.
A.7.2.2
The IMPAC shall be integrated to meet the requirements in SDIP-29/1 including:
(1) Minimum distance between RED and BLACK cabling including power and
data lines.
(2) Use of power line filters on RED equipment connecting to BLACK power
lines or supplies.
(3) Minimum distance between the RED equipment and BGAN terminal
(4) Minimum distance between the RED and BLACK equipment
(5) As indicated in the Physical Requirements the Transport Case integration
shall allow placing the RED networking equipment outside the Transport
Case to meet Minimum distance requirements.
(6) In special circumstances the RED and BLACK equipment might be operated
while inside the Transport Case, there Transport Case design shall maximize
the distance between the RED and BLACK networking equipment.
(7) Use of SF/UTP cabling
A.7.3
A.7.3.1
A.7.4
Data Storage Requirements
Data-at-rest protection measures (here by Eclypt hard drive encryption, PFE) shall
ensure that the data on the IMPAC, when not operational, is classified NATO
RESTRICTED.
System Hardening Requirements
A.7.4.1
All components in the IMPAC and WAN Optimisation System shall be configured
according to SSRS (PFS) and NIATC security guidelines.
A.7.4.2
If these guidelines are not available for a particular model or Software version, the
Contractor shall apply security measures of the closest matching system in
combination with manufacturer security recommendations. Any deviations shall be
documented in the security documentation.
A.7.4.3
The system shall be designed to meet the requirements of the accreditation
authority.
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A.7.4.4
The Contractor is responsible for the IMPAC and WAN Optimisation System
passing the security testing directed by NIATC (NATO Information Assurance
Technical Centre).
A.7.4.5
Should certain system hardening security measures interfere with the operational
use of the IMPAC (such as the download of OS patches or updates over the
bandwidth-limited Inmarsat link), the Contractor shall advise on any existing
constraints, and propose an alternative way to implement those security measures.
A.7.5
COMSEC requirements
A.7.5.1
NU COMSEC is required on the NU WAN connectivity options (A.2.2) using
IPSEC VPN(s) to protect crypto headers, as well as NU traffic and NU WAN
access.
A.7.5.2
The NU COMSEC shall meet the requirements of NSA Suite-B cryptography, and
as well be able to use RSA2048 signatures and IKE group 14.
A.7.5.3
The NU COMSEC shall use and comply with the NATO PKI (PFS) and its related
policies.
A.7.5.4
For IS COMSEC the IS traffic shall use the Thales TCE621/M (PFE).
A.8
ENVIRONMENTAL REQUIREMENTS
A.8.1
General
A.8.1.1
The Contractor shall devise adequate packaging and conditioning solutions for the
IMPAC case (and its components unless mentioned otherwise), aimed at fulfilling
or exceeding the requirements below for operation, transport and storage.
A.8.1.2
Where necessary, the limits of the specification shall be identified by means of
distinct marking at appropriate places on the equipment, and by warning statements
in user manuals, stating that certain environmental limits (climatic, mechanical)
should not be exceeded in operational and non-operational modes (e.g. transport,
storage).
A.8.2
A.8.2.1
Vibration
The IMPAC Transport Case and Bag and its protection to the internal components
shall comply with:
(1) MIL-STD810G, Method 514.6, procedure II (loose cargo transport in military
vehicles traversing rough terrain).
(2) MIL-STD810G, Method 514.6, procedure I Category 4 Figure 514.6C-2
(transport in two-wheeled trailer and wheeled vehicles).
A.8.2.2
These vibration requirements shall be met when the case contains the whole
IMPAC assembly and when it is only partially filled.
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A.8.3
Shock
A.8.3.1
The IMPAC Transport Case and the protection to the IMPAC components shall be
able to pass the ISO 8768 Toppling Test.
A.8.3.2
These in-case shock requirements shall be met when the case contains the whole
IMPAC assembly and when it is only partially filled.
A.8.3.3
The laptop, outside the Transport Case, shall comply with MIL-STD 810G,
Method 516.6 Procedure IV (Transit Drop) but with 75 cm drop height.
A.8.3.4
The IMPAC components (outside the Transport Case or Bag) and the integration
thereof (NU networking enclosure, IS networking enclosure, Power Unit) shall
comply with MIL-STD 810G, Method 516.6, Procedure I (Functional Shock, 40g)
and VI (Bench handling).
A.8.4
Temperature
A.8.4.1
The minimum requirement for continuous operation of the IMPAC is 0 to +49
degrees Celsius (ambient temperature).
A.8.4.2
These requirements shall be verifiable according to the manufacturer datasheets,
i.e. without modifications by the integrator to improve the temperature range of the
components.
A.8.4.3
The minimum requirement for storage and transportation is -20 to +70 degrees
Celsius.
A.8.4.4
The temperature requirements shall be met both for operating inside and outside
the (opened) Transit Case.
A.8.5
A.8.5.1
Humidity
The absolute minimum requirements for operation, storage and transportation are:
(3) 10% to 85% (non-condensing operating)
(4) 5% to 95% (non-condensing, non-operating).
A.8.6
Dust and water
A.8.6.1
The IMPAC cases shall comply with IP67 during transport and storage.
A.8.6.2
The IMPAC components and the integration thereof shall be dustproof according to
IP5X or better, with the exception of the Inmarsat BGAN antenna which shall be
dust and water proof according to IP66 or better.
A.8.6.3
For practical reasons standard non-IP5X Ethernet cabling may be used provided
that the IMPAC components themselves are still IP5X compliant when non-IP5X
Ethernet cabling is connected.
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A.8.6.4
Protective dust caps secured to the IMPAC components shall be included to
prevent dust and water accumulation in unused ports.
A.8.6.5
The IMPAC components shall be cleanable with a cloth and not require opening
for cleaning.
A.8.7
Altitude
A.8.7.1
The IMPAC shall be able to operate at altitudes as high as 4,500 metres above sea
level.
A.8.7.2
The IMPAC shall be able to withstand transport and storage at altitudes as high as
4,500 metres above sea level.
A.8.8
A.8.8.1
Sun Exposure
To minimize the effect of sun radiation on the Transport Case temperature the
cases shall be coloured ‘desert tan’.
A.9
EQUIPMENT TECHNICAL REQUIREMENTS
A.9.1
IMPAC Networking equipment
A.9.1.1
The Ethernet interfaces shall feature MDIX support to avoid the use of cross cables
(if applicable).
A.9.1.2
RS232 based console ports for local management shall be available to the user (if
applicable for the equipment).
A.9.1.3
The networking equipment shall support VLAN trunking including a native
VLAN, SSHv2, firewall functionality, PNAT, SNMPv3 and relevant security
protocols and mechanisms.
A.9.1.4
The NU and IS networking equipment (when connected to all peripheral
equipment) shall each feature at least two unused Ethernet interfaces offering
Power over Ethernet according to the 802.3af standard.
A.9.1.5
The networking equipment shall implement the most recent Operating System or
firmware suitable for operational (production) networks compatible with the
Software used at the Anchor Points.
A.9.2
WAN Optimisation System
A.9.2.1
The IS Anchor Points component(s) of the WOS shall be installed and run as
virtual machines on the VM Ware based platform of the Purchaser.
A.9.2.2
The IMPAC component of the WOS shall be based on clients installed on the
IMPAC laptops.
A.9.3
Data grounding
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A.9.3.1
The networking equipment and TCE621/M shall use a common grounding point.
A.9.3.2
Data grounding cables shall be attachable to - and removable from - the equipment
without tools.
A.9.4
LAN cabling
A.9.4.1
LAN cabling shall be snagless or otherwise protected against RJ45 clip damage.
A.9.4.2
The PFE LAN cabling (for the TCE621/M) shall be modified to be snagless.
A.9.5
Phones
A.9.5.1
Each IMPAC laptop shall have a VoIP soft-phone installed and configured ready
for use on the ISAF network. Refer to laptop Software specifications for details.
A.9.5.2
Each IMPAC shall include a headset for use with the VoIP soft-phones, with the
following requirements:
(1) Rugged cabled headset
(2) Max 150 g.
(3) Adjustable headband
(4) User-replaceable microphone windscreen and ear pad
(5) Compatible with IMPAC laptops
(6) Compatible with Cisco IP Communicator 7.0
(7) USB based
(8) Protective headset bag or case
A.9.5.3
A.9.6
A.9.6.1
A.9.7
Each IMPAC shall include a compact analogue phone for making calls directly
from the BGAN terminal, over the terminal’s RJ11 interface.
Hard Drive Disk Encryption (PFE)
The Hard Disk Drive Encryption (HDDE, Eclypt Core 600 SSD) is PFE.
Inmarsat BGAN terminal
A.9.7.1
The Inmarsat BGAN terminal shall support phone and fax calls, Inmarsat BGAN
Streaming IP connectivity at 32, 64, 128, 256 kbps, as well as Inmarsat BGAN
background data services.
A.9.7.2
The Inmarsat BGAN terminal shall be the combination of the Transceiver,
Antenna, Antenna Cables (41.5 cm and 10 m), AC power supply, power cord,
(integrated) battery pack, BGAN booklet.
A.9.7.3
The Inmarsat BGAN terminal shall support operating its antenna and transceiver
physically separated from each other while interconnected through the Inmarsat
BGAN antenna cable.
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A.9.7.4
A.9.8
A.9.8.1
The transceiver of the Inmarsat BGAN terminal shall provide a user interface
which lets the BGAN user control and monitor the BGAN operation (including
pointing and selecting, starting and stopping services) without requiring the use of
any additional devices
Laptop
Each IMPAC shall include an IS laptop meeting the requirements listed below:
(1) Minimum screen size 13 inch.
(2) Minimum resolution 1024 x 768.
(3) One Gigabit Ethernet interface.
(4) Compatible with the PFE HDDE.
(5) Minimum 4 GB RAM.
(6) Minimum CPU Intel Core i5 1.8 GHz or equivalent.
(7) QWERTY keyboard.
(8) Minimum 3 USB ports.
(9) Integrated sound card with speaker(s).
(10) Spill resistant keyboard, however the laptop shall for ergonomic reasons not
feature a rubber covered keyboard.
(11) Battery operation: minimum 4 hrs.
(12) Sunlight readable screen.
(13) An AC adapter shall be included with a CEE 7/16 or CEE7/7 plug.
(14) Integrated webcam a minimum of 1.3MP resolution
(15) Easily swappable HDD (tool less, quick release)
A.9.8.2
Each laptop shall be compatible with and include licensed versions of:
A.9.8.2.1 Microsoft Windows 7 Professional OEM 64Bit.
A.9.8.2.2 PFE ISAF approved versions of:
(1) Microsoft Office Enterprise 2010
(2) Acrobat reader
(3) Office viewers
(4) Internet Explorer
(5) .Net framework
(6) Java
(7) Flash player
(8) Windows Media Player
(9) MacAfee Virus scan + Anti spyware
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(10) McAfee DLP Endpoint
(11) Classify for Outlook
(12) WinZip
A.9.8.2.3 Non-PFE ISAF current, compatible and approved versions of:
(1) NX Powerlite
(2) Cisco IP Communicator
(3) Polycom desktop VTC client
(4) HP Photo and imaging
(5) IrisLink ReadIris Pro
(6) Mark Wilson Software Classify for Outlook
A.10
ELECTRICAL POWER REQUIREMENTS
A.10.1 IMPAC Power Unit
A.10.1.1 The IMPAC Power Unit is an assembly that combines multiple electrical power
functions:
(1) Power the IMPAC components from mains, vehicle and military batteries.
(2) Provide IMPAC power backup
(3) Mains power distribution and surge protection.
A.10.1.2 The power cables to the networking equipment shall at least have plugs on one side
in order to be Line Replaceable separately from the Power Unit.
A.10.1.3 For safety reasons DC in and out ports and plugs on the IMPAC Power Unit with
non-interoperable voltage or polarity shall have unique connectors
A.10.1.4 The IMPAC Power Unit shall feature overheating and shortcut protection.
A.10.1.5 No damage shall occur when mains, vehicle and military batteries are connected at
the same time.
A.10.2 Mains power
A.10.2.1 The IMPAC shall support using mains power of 90 – 240V, 47 – 63Hz to power all
components.
A.10.2.2 The Inmarsat BGAN terminal shall include its own mains power supply.
A.10.2.3 The laptop shall include its own mains power supply.
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A.10.2.4 The IMPAC Power Unit may DC power the Inmarsat BGAN terminal and the
laptop, replacing their power supplies in the Transport Case, the original laptop
power supply shall still be provided to the Purchaser.
A.10.2.5 The mains power cord length shall be 3 m or more.
A.10.2.6 The mains power cord shall feature a CEE7/7 plug.
A.10.2.7 A mains power socket adapter shall be provided that fits sockets of Afghanistan,
UK and US and allows the connection of a CEE7/7 plug.
A.10.3 Power Backup
A.10.3.1 The IMPAC Power Unit shall feature Power Backup through built-in
(rechargeable) battery power.
A.10.3.2 The Power Backup shall be able to act as:
(1) An online UPS, providing power to the IMPAC continuously while external
power input is available and when the external power is interrupted.
(2) Power source for using the IMPAC at locations where no external power is
available.
A.10.3.3 The Power Backup shall without external power input provide power for a
minimum duration of two hours for operation of the TCE621/M and the
networking equipment with two PoE power VoIP phones Cisco 6941 connected
and in use.
A.10.3.4 The laptop, Inmarsat BGAN terminal and GPS feature internal batteries and
therefore need not to be powered from the IMPAC Power Backup.
A.10.3.5 Lithium-ion rechargeable batteries shall be used, for maintenance and reliability
reasons the use of LiFePo4 batteries is preferred.
A.10.3.6 A charge indicator shall be included that shows:
(1) The charge left (minimum four levels).
(2) If the battery is charging or has finished charging.
A.10.3.7 The maximum charge time from empty to 2 hours power backup shall be less than
three hours, with electrical load applied.
A.10.3.8 The maximum charge time from empty to full shall be less than five hours, with
electrical load applied.
A.10.3.9 The batteries shall support not less than 1000 charge/ discharge cycles.
A.10.3.10 The batteries shall be field replaceable in order to:
(1) Remove for repair.
(2) Save weight.
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(3) Support the user to carry additional charged batteries for longer autonomy.
(4) Charge the battery externally while not used.
(5) Transport the case as cabin baggage on commercial airlines.
A.10.3.11 During battery replacements the Power Backup function is allowed to be
interrupted.
A.10.3.12 It shall be possible to switch off the Power Backup function and the batteries
completely, to prevent over-discharging, discharge when not in use, and for safety
reasons.
A.10.3.13 For safety reasons the Power Backup function shall be implemented such that it is
not possible to use or activate the Power Backup function when the case is closed.
A.10.3.14 For safety and lifetime, the batteries shall be protected against overcharging, over
discharging, overheating and shortcut.
A.10.3.15 Malfunctioning or removal of batteries in the Power Backup function shall not
prevent powering the components from mains. The use of manually operated
bypass switch is permitted to achieve this.
A.10.3.16 The Power Backup function might be integrated with the networking equipment
instead of the Power Unit.
A.10.4 Vehicle power
A.10.4.1 The IMPAC shall support using vehicle power to power all IMPAC components.
A.10.4.2 Direct battery connections (clamps) shall be supported.
A.10.4.3 The batteries of the Power Backup function shall be charged through the vehicle
power.
A.10.4.4 12V, 24V and 28V DC electrical systems shall be supported, including voltage
fluctuations that are common to vehicle power systems because of charging and
discharging.
A.10.4.5 To optimize power efficiency and weight and to minimize the number of IMPAC
components power inverters (DC to AC) shall not be used; the PFE supports a wide
DC input range and shall therefore be directly powered (without conversion).
Cables and adapters shall be provided by the Contractor.
A.10.4.6 The cable length for the direct battery connection shall be 3 metre.
A.10.4.7 The power inputs and output sockets and connectors shall be labelled with their
function.
A.10.4.8 It is not required to power the GPS battery charger from the vehicle power.
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A.10.4.9 Protection against reversed polarity, over voltage (input), shortcut and overheating
shall be provided.
A.10.4.10 The laptop may use a separate DC/DC converter. It does not have to be physically
integrated with the other IMPAC Power Unit but the IMPAC Power Unit shall
provide a power out socket for connecting the DC/DC converter.
A.10.5 Military batteries
A.10.5.1 The IMPAC shall support using a single battery of the types BB2590 and BA5590
to power all IMPAC components.
A.10.5.2 The batteries of the Power Backup function may be charged through the military
battery.
A.10.5.3 Cables and adapters shall be provided by the Contractor.
A.10.5.4 To optimize power efficiency and weight and to minimize the number of IMPAC
components power inverters (DC to AC) shall not be used; the BGAN and IP
crypto supports a wide DC input range and shall therefore be directly powered
(without conversion).
A.10.5.5 The power inputs and output sockets and connectors shall be labelled with their
function.
A.10.5.6 It is not required to power the GPS battery charger from the batteries.
A.10.5.7 Protection against reversed polarity, over voltage (input), shortcut and overheating
shall be provided.
A.10.5.8 The laptop may use the DC/DC converter as mentioned at vehicle power.
A.10.6 Mains Power distribution
A.10.6.1 If the IMPAC Power Unit is not already DC powering the laptop and the BGAN
terminal the IMPAC Power Unit shall provide AC sockets for these devices for
when the IMPAC is powered by AC mains.
A.10.7 Surge Protection
A.10.7.1 A resettable surge protection function shall be provided (UL 1449, 3rd edition).
A.10.8 Maintenance
A.10.8.1 Any fuses or circuit breakers inside the power unit shall be field resettable.
A.11
RECCOMENDED SPARES PART LIST (RSPL)
A.11.1 A Recommended Spare Parts List for the system shall be provided. The spare parts
list shall consist of items that are most likely to fail either through technical failure or
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mechanical degradation. All items in the RSPL shall have the estimated lead time
annotated against them.
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APPENDIX B
APPENDIX B: NAVIGATION SYSTEM REQUIREMENTS
B.1
INTRODUCTION
For navigation purposes in Afghanistan a handheld GPS device shall be included
with each IMPAC.
The GPS device shall include up to date (year 2013 or later) maps of Afghanistan.
The GPS device shall be delivered with accessories needed for its operation.
B.2
GPS DEVICE
B.2.1
Features
B.2.1.1
WAAS/EGNOS enabled GPS receiver. Allowing for a fix within 5 minutes from a
cold start.
B.2.1.2
Tilt-compensated, 3-axis electronic compass.
B.2.1.3
Barometric altimeter.
B.2.1.4
Ability to add maps.
B.2.1.5
MicroSD card supported.
B.2.1.6
MGRS, UTMS, LAT / LONG
B.2.2
Physical
B.2.2.1
Display size not less than 3" (diagonally)
B.2.2.2
Sunlight readable screen
B.2.2.3
Display resolution not less than 160 x 240 pixels.
B.2.2.4
Battery life 20 hours or more.
B.2.2.5
Water ingress protection IPx7.
B.2.2.6
Interface: High speed USB including ability to charge from USB cable.
B.2.2.7
Weight 300g or lower.
B.3
MAPS
B.3.1
Features
B.3.1.1
Full border to border topographic coverage of Afghanistan
B.3.1.2
Geographic points of interest including wadi, summits, kariz and settlements
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B-1
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IFB-CO-13589-OPLBook II, Part IV, Statement of Work
APPENDIX B
B.3.1.3
Land cover
B.3.1.4
Elevation profile
B.3.2
B.3.2.1
B.4
Support
Update service included for at least five years
ACCESSORIES TO BE INCLUDED
B.4.1.1
Two sets (including a spare set) of AA / AAA size low self-discharge rechargeable
NiMH or Lithium Ion batteries for use in the GPS device
B.4.1.2
A compatible battery charger (110V-220V) capable of fully charging the batteries
within 2 hours.
B.4.1.3
USB cable for data transfer and charging / powering the GPS device.
B.4.1.4
Screen protector
B.4.1.5
Protective case or bag for the GPS device and its accessories.
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B-2
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IFB-CO-13589-OPLBook II, Part IV, Statement of Work
APPENDIX C
APPENDIX C: TCE621/M CABLING
C.1
ETHERNET CABLE SPECIFICATION
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C-1
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IFB-CO-13589-OPLBook II, Part IV, Statement of Work
APPENDIX C
C.2
POWER CABLE SPECIFICATION
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C-2
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IFB-CO-13589-OPLBook II, Part IV, Statement of Work
APPENDIX C
C.3
MECHANICAL FITTING SPECIFICATION
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C-3